Electoral Act: We Welcome Senate’s Retention Of Section 84 (12)

Here’s another instance of the political class taking Nigerians for a ride. In February 2021, the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar was caught in a viral video assaulting a security guard, Clement Sargwak, serving at Bannex Plaza Abuja. This was greeted by public outcry as Sargwak, through his lawyer, Timizing Venyir Ramnap, petitioned the Senate which referred the complaint to its Committee on Ethics, Privileges and Public Petitions to investigate the allegation of assault leveled against Umar by Sargwak.

Midway into its sittings, the Senate committee said it is suspending the investigation of Umar in deference to litigations he slammed on it and the Upper Legislative Chambers. Umar had, in the suit numbered FHC/ABJ/ CS/671/2021, contested the constitutional powers of the committee to conduct the investigation. Ramnap however insisted that the originating summons forwarded to the panel by Umar’s counsel were mere court processes and not declarative orders to be heeded.

While arguing that the court didn’t ask the committee to suspend its probe of the CCT Chairman, he said, “were it to be a valid order from the court of competent jurisdiction, the Senate may back out, but since it is not, the Senate through this Committee still has its constitutional powers on the case and can forge ahead with the investigation. We hereby wish to submit that the Senate do look at its position as contained in law by rejecting this temptation”.

Despite this submission and the assurance by the Committee Chairman, Senator Ayo Akinyelure “that the matter will not die like that”, the 9th Senate has since moved on with nothing more heard about their investigation into the manhandling of poor Clement by the mighty. This past development needs to be invoked to shed light on the duplicity by the President of the Senate, Ahmed Lawan, that a court ruling cannot stop the National Assembly from amending the Electoral Act 2022.

President Muhammadu Buhari had, in a letter to the National Assembly last week, asked the federal lawmakers to amend the recently-signed Electoral Act, by deleting Section 84 (12), which, according to him, amounted to the disenfranchisement of political appointees. This particular section requires political appointees to resign their appointment before participating in primary elections as either delegates or aspirants.

The Peoples Democratic Party (PDP) quickly filed an ex-parte application before the court of Justice Inyang Ekwo, arguing that Electoral Act 2022 has become a valid law that cannot be tampered with without following due process of law. Ruling on this application on Monday, Justice Inyang Ekwo barred President Buhari, the Attorney General of the Federation, and the Senate President from expunging section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.

The Federal High Court in Abuja agreed that the Electoral Act has become a valid law and could not be altered without following the due process of law. In a bid to continue with his avowed pledge to approve whatever comes from the President, Lawan did not reckon with this reasoning by the court neither did he remember that his Senate had stopped investigating the assault on Citizen Clement over mere originating summons. How do Nigerians reconcile this cherry-picking and what example is the Senate setting for Nigerians as regards respecting declarative orders or judgments by the courts?

During the first reading of the bill seeking an amendment of the Electoral Act on Tuesday, Lawan found it “very necessary” to assert that, “The Judiciary under no circumstance can stop the legislature, the National Assembly from performing its legislative duties… It is within our exclusive right to consider whatever request we receive from Nigerians either from the Executive or private members Bill”. Thankfully, there were other lawmakers who were able to save the Senate President from himself towards tampering with the perception Nigerians have of the Senate as a practical rubber-stamp.

Senator Adamu Aliero had, in a point of order, drawn the attention of his colleagues to Rule 52(5) of the Senate Standing Order, and submitted: “Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s Lawmaking body. We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it. So, I’m of the opinion that we should stop considering this bill pending the time the court set aside that order, and I think I’m speaking the opinion of my colleagues here.”

Warts and all, Naija News welcomes this bold assertion of independence by the Senate, particularly as most Nigerians are pleased by their refusal to delete Section 84 (12) of the Electoral Act 2022. This section mandates government appointees to resign their positions three months ahead of primary elections of political parties. It’s incomprehensible why President Buhari will make this request at a time he has received lots of commendations for bequeathing a veritable legacy with the new Electoral Act.

It’s hard to see how this Section 84 (12), which the President and his men are uncomfortable with, is ultra vires the Constitution. Section 137(1)(g), 182(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) already stipulates that a public servant stands disqualified from contesting the position of President, Vice President, Governor and Deputy Governor respectively if same has not resigned from that position within a period of 30 days before the date of the election.

What Section 84 (12) of the Electoral Act has now done is to elucidate on this constitutional provision and extend the period within which an ambitious political appointee must resign to a date before the conduct of primary elections by political parties. Naija News does not think that this is disenfranchisement since the appointee has the option of resigning from his position to exercise their franchise. It is heartwarming that this provision spells an end to the situation where holders of appointive positions get to eat their cake and have it.

It’s also a welcome development in that the provision guarantees a level playground for all aspirants such that the paraphernalia of office will no longer confer undue advantages on those serving in government who want to contest for elections. This prospect should easily excite every democrat as it is a new dawn in the nation’s quest for the practice of true democracy. We further laud the retention of Section 84 (12) in the Electoral Act 2022 because it will conserve the public funds expended on the emolument of political appointees who derelict their responsibilities for the arduous task of electioneering.

We understand the sentiment that the controversial provision may make elected officials perpetuate themselves in office since they won’t get to be challenged by political heavyweights like appointees serving at a higher level of government. This concern is countered by the fact that elected officials, particularly those serving in the powerful executive arm of government, cannot go beyond the two-term limit.

Although a national daily had run with the headline: “[For the] first time in 22 years of democracy, Senate goes against [the] agreement reached with sitting president”, this newspaper would rather Buhari does not plot to get back at the National Assembly. The President should bear in mind that it wouldn’t have got to this if he had treated the Electoral Act Amendment Bill with dispatch all along. Naija News, therefore, cautions against any distrust or animus between the executive and the National Assembly that may endanger future bills. Indeed, the relationship among the three arms of government can be harmonious without any of them being subservient.