Electoral Act: Buhari’s Ministers Who May Vacate Office Before June
With the new Electoral Act, political appointees at all levels of government, especially senior ministers of President Muhammadu Buhari’s administration have butterflies in their stomach, writes Emameh Gabriel
The Nigerian Senate has laid to rest the controversy surrounding the Electoral Amendment Act 2022, after throwing out President Muhammadu Buhari’s request that sought to amend a clause in Section 84 (12). By its action, the National Assembly has placed some of the President’s ministers who desire to contest either governorship of their homes states or the presidency in a tight corner.
The decision of the Senate, a source told THISDAY, was against an initial gentleman’s agreement the President had with the Senate President, Ahmad Lawan, and other principal officials of the National Assembly elected on the platform of the ruling All Progressive Congress (APC) before his express approval to the Bill.
Although the talks surrounding the new amendment seems not to be over yet, many Nigerians breathed a sigh of relief for it, as they believe it has opened a new vista that would revolutionize the country’s electoral system and further deepen internal democracy within the political space.
There are clear indications that there could be a battle of wits between the executive and the legislative arm of government, both at the national and state levels. This is the first time in 22 years that the Senate would go against agreement reached with a sitting president. With this coming from the Ahmed Lawan-led Senate that was labeled a rubber-stamped, analysts believe that there is more to it.
It would be recalled that President Buhari gave assent to the Electoral Act Amendment Bill at a brief ceremony held at the Council Chamber of Aso Villa in Abuja with the Senate President, Ahmed Lawan, the Speaker of the House of Representatives, Femi Gbajabiamila, and other top government functionaries in attendance on February 25.
The Bill, among other things, seeks to resolve issues concerning the INEC’s introduction of modern technologies into the electoral process, especially accreditation of voters and electronic transmission of results.
The President had in his request cited a fundamental defect in Section 84 (12) that he said would lead to the disenfranchisement of political officeholders. In a letter to the National Assembly the President specifically pointed out in a letter to the National Assembly that the amendment was necessary.
The clause reads: “No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.
Bubari had argued that “the practical application of section 84 (12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution.”
“It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension, as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.
“It will be stretching things beyond the constitutional limit to import extraneous restrictions into the constitution on account of the practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.
However, barring a last-minute twist, Buhari’s request was rejected by the upper legislative chamber as senators kicked against it and voted ‘no’ when put to voice votes by the President of the Senate, Ahmad Lawan.
The constitution of the APC like other political parties in the country, provides that all political appointees are automatic delegates, a trend that has battered internal party democracy in the last decade, leaving electorates at the mercy of elected public officials, state governors especially.
Buhari’s move, THISDAY gathered from a senior party member who doesn’t want his name in print, was to prevail on the National Assembly to delete the provision under debate due to pressure on him from some prominent members of his cabinet, who has ambition to contest in 2023.
THISDAY also gathered the National Assembly had adopted Section 84 (12) as a safety net to guarantee their return in 2023, hence the decision to reject the President’s request. For them, it was the best strategy to cut down the overbearing influence of state governors who control the majority of their party delegates, who are also their appointees.
The decision of the Senate came just two days after a ruling by a Federal High Court in Abuja following an ex-parte application filed by the opposition People’s Democratic Party (APC), before Justice Inyang Ekwo, that the Electoral Act has become a valid law and cannot be tampered with.
The presiding Judge said he agreed with counsel to the PDP, Chief James Ogwu Onoja (SAN) that the proper place to challenge the validity of any existing law is the court of competent jurisdiction.
But the Minority Leader of the Senate, Senator, Enyinnaya Abaribe told THISDAY that under the Nigeria constitution, no other arm of government can stop the National Assembly from carrying out its legislative function. ‘‘We will debate and do anything that is in front of us in the National Assembly,’’ the Abia lawmaker had vowed.
Similarly, in an exclusive interview with THISDAY, the National Chairman of Labour Party, Julius Abure, said there was no misgiving in the provisions of the section under contention, noting that it’s not in conflict with Section 40 and Section 42 of the 1999 Constitution as posited by the President.
Abure argued that the President at the first instance was wrong to have asked the National Assembly to delete the section that had been signed into law, and therefore advised that the proper venue to decide the validity or otherwise of the provision was the Apex Court.
He noted that the said section was intended to cure what he described as “brewing civilian dictatorship” that could “ultimately defeat democratic development in Nigeria”
He said: “Those provisions are not in conflict with Section 40 and Section 42 of the 1999 Constitution as the President posited.
“Section 40 of the 1999 Constitution is the provision that guarantees freedom of assembly and association, while Section 42 of the Constitution is a provision that protect the citizens against discrimination. If this is juxtaposed with Section 84 (12) of the Electoral Amendment Act, you will agree with me that they are not in conflict.
“Section 84 (12) of the Electoral Act provides that political appointees who want to contest election or want to participate in their party’s primaries must resign a few months to the election.
“It’s very clear that the right to assemble is not infringed upon by Section 84 (12). Political appointees are free to be members of their political parties, it is only if the provision was to the effect, preclude appointees from becoming members of political parties, it’s only then we can be talking about infringement.
Abure argued that there was no conflict, noting that what was important was that the Constitution had anticipated that at times, there might be conflict in terms of the provisions of the Constitution and other laws. And there, it provided that, where there is such conflict or perceived conflict, it’s either for the Executive or the National Assembly to proceed to the Supreme Court for interpretation of those sections.
He said the section would help check the overbearing influence of politicians on the people and the electoral process at all levels.
“Political parties’ constitutions have it that all political appointees are automatic delegates to congress and primaries. And these appointees are appointed by one person, who can have as much as 20-50 political appointees that are in control of a minimum of one person. We have seen situations where presidents, governors and others have misused statutory delegates to determine and dictate who becomes the candidate of the party, he said.
Already, while the opposition People’s Democratic Party (PDP) has commenced the process leading to its presidential primaries which is expected to be concluded on April 30, the ruling All Progressive Congress had fixed March 26 as the new date for its national convention after the party’s botched convention, which was earlier scheduled for February 26 by the Mai Buni-led Caretaker /Extraordinary Convention Planning Committee.
The Independent National Electoral Commission (INEC) recently updated the schedule of activities for the general election, giving political parties between April 4 and June 3, 2022 to conduct their primary elections.
Meanwhile a chieftain of the APC and member of the party’s 2018 National Convention Committee and member of the Screening Committee, Elton Onwu, has described the decision of the Senate as an act against the fundamental principles of freedom of association.
He said though it is act of the parliament, the 1999 Constitution supersedes every other law of the land.
Onwu said his, “opinion runs against the fundamental principles of freedom of association and negates the texts of the 1999 constitution of the Federal Republic of Nigeria as amended concerning the extant clauses that guarantees every Nigerian the eligibility to vote and be voted for; provided they are of age and no criminal conviction.
“The envisaged delegates serving their states and county as appointees do not necessarily need to relinquish their positions in order to vote or be voted for.
“If the idea is to whittle down the influence of the executives on party delegates, let’s not lose sight of the fact that the constitution of the political parties has laid down rules for the emergence of delegates to most party congresses and if this hostile section 84 (12) is allowed to stand, then you can imagine the crisis brewing.
Going by the provisions of the new Electoral Amendment Act and the date for APC national convention as well as the scheduled dates for the 2023 general election, political appointees like Rotimi Amaechi, Minister of Transportation; Abubakar Malami, Minister of Justice; Chris Ngige, Minister of Labour; Emeka Nwajiuba, Minister of State for Education, Festus Keyamo, Minister of State for Labour among others, who are reportedly nursing presidential and governorship ambitions may be forced to resign their positions any time soon.
AGF Abubakar Malami
Abubakar Malami, according to several media reports, is said to be interested in becoming the Vice President or the next Kebbi State governor. Malami remains one of President Buhari’s trusted allies and those who have worked closely with him and the President say the AGF has the president’s ear.
A credible source from the party told THISDAY that the AGF has been the one pulling the string to ensure that the President rejects the provision in Section 84 (12) because that would amount to cutting down his influence the moment he resigns.
“The President could be acting on Malami’s advice. The same Section 84 (12) was there when the President in December last year rejected the electoral amendment on the grounds of the mode of primary election by political parties,” a party source told THISDAY. The President rejected it three times before now but he never referred to that part of the amendment.
Rotimi Amaechi
Minister of Transportation, Rotimi Amaechi, is also being described as the dark horse in the race for APC presidential ticket. Although, Amaechi had in a recent interview with THISDAY Style, diluted a question on speculations over his presidential ambition, his recent honour by the Emir of Daura, as Dan Amanar Daura (Trusted son of Daura) has left a lot of questions on the lips of many.
The former governor of Rivers State has not made any public statement about his future, he has also not debunked speculations about his presidential ambition even with several groups pushing his campaign train across the country.
However, if there is any reason to leave doubt in the minds of millions of Nigerians and his supporters, Governor Nasir El-Rufai of Kaduna State has cleared that doubt during a recent interview on television, where he confirmed that Amaechi would run.
Analysts believe that with the naked manner the President went about requesting amendment to Section 84 (12) of the 2022 Electoral Act, it is a clear indication that his preferred candidate currently occupies an appointed position.
El-Rufai said: ‘‘Rotimi Amaechi is interested in running for the office of the President. But I am not going to be on his ticket because I am tired of public office. But if the President insists that I run with him, then I will reluctantly accept.
Chris Ngige
Meanwhile Ngige had also disclosed that he could contest but he was consulting on running for president, just as Akpabio has received the backing of the Godswill Akpabio Uncommon Transformational Support Organization (GAUTSO).
Timipre Sylva
Timipre Sylva has also been described as the “favoured candidate” for a presidential ticket by his supporters, just as Nwajiuba is being projected by the Project Nigeria Group (PNG) for presidency.
Festus Keuamo
Festus Keyamo (SAN), Minister of State for Labour and Employment is also believed to be in the race to pick his party’s ticket for next year’s governorship election in Delta State
If the whispers from the vineyard are anything to go by, Malami, Amaechi and others, would be expected to vacate their office before the end of this month to allow them the time to register their plans with the party.
Buhari Weighs Legal Options
There are reports that President Buhari may approach the Supreme Court next week to seek interpretation. The President, is believed to be in talks with senior legal experts. Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN), was said to have joined the President in London at the weekend.
Malami is expected, according to sources, to discuss some constitutional and legal issues with Buhari. One of which is the Senate’s rejection of a presidential request to review Section 84(12) of the Electoral Act 2022 which has been a source of concern to the Presidency.
Reports have it that the President and the AGF are likely to weigh options on the Electoral Act in line with the time constraint before the 2023 primaries begin in April. One of the alternatives being considered is to approach the court for a pronouncement.
