The Senate has rejected the bill that seeks to amend the Electoral Act. The lawmakers, in a voice vote on Wednesday, unanimously opposed a motion that the bill is read and considered for a second time.
The bill is a response to a request from President Muhammadu Buhari.
He had, in February, asked the National Assembly to expunge Clause 84(12) of the Act. He made the request shortly after signing the legislation into law.
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.”
Mr Buhari said the clause constituted a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
But the Peoples Democratic Party (PDP) sued the federal government, the Attorney-General of the Federation and the leadership of the National Assembly over fresh moves to tamper with the newly amended Electoral Act.
The party asked the court for an order of interim injunction restraining Mr Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit – a request which was granted by the court on Monday.
REPORTERS AT LARGE recalls that the judge, Inyang Ekwo, in a ruling, said the Electoral Act having become a valid law could not be altered without following the due process of law.
The court restrained Mr Buhari, the AGF and the National Assembly and other defendants in the suit from removing section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.
Deliberation and rejection
The bill was read for the first time yesterday and the lawmakers were about to commence consideration for the second reading when Adamu Aliero cited Order 52(5) to stop the Senate from considering the bill pending the time that the court set aside the order on it.
In his response, the Senate President, Ahmad Lawan, said the fact that the court says the National Assembly should not tamper with Electoral Act 2022 as amended except through due process does not mean that the National Assembly cannot consider the bill.
He also said the president was within his competence to request for amendment including every Nigerian to ask for an amendment in any law.
“So for us to be specific to this particular request, the request was duly done and it is for us in the Senate to look at the request.
“We are at liberty to review the request, see if the arguments from the Executive are convincing enough. If the arguments are not convincing enough, members of the National Assembly could deny the request and that is how it is.
“I think we are not breaching any law. In fact, we are trying to promote democracy by doing this because one day someone would go to court and say the Senate and National Assembly should not sit.”
