Politics
Senate turns down Buhari’s request to delete section 84(12) of Electoral Act
The Senate yesterday turned down President Muhammadu Buhari’s request to amend the Electoral Act, 2022 that specifically requested for the Senate to outrightly delete section 84(12)
This followed the woeful failure of the Electoral Act Amendment Bill to scale through second reading on the floor during plenary.
The proposed law, “A bill for an Act to Amend the Electoral Act 2022” was overwhelmingly rejected during its second reading
Before a voice vote on the bill, for which the nays had it, several lawmakers spoke against going ahead to amend the Act and urged that the Senate abide by a court ruling, which stopped the National Assembly from tampering with the electoral law.
President Buhari had, in a letter to the National Assembly last week, asked the federal lawmakers to amend the Act, by deleting Section 84 (12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.
The section required political appointees to resign their appointment before participating in primary elections.
A Federal High Court in Abuja on Monday barred President Buhari, the Attorney-General of the Federation (AGF) and the Senate President from tampering with the Act.
The judge, Inyang Ekwo, in a ruling on an ex-parte application by the Peoples Democratic Party (PDP), said the Electoral Act had become a valid law and could not be amended without following the due process of law.
The Court maintained that the Electoral Act, has become a valid law could not be altered without following the due process of law.
But the Senate President, Ahmad Lawan, on Tuesday, said the court ruling would not stop the National Assembly from amending the Electoral Act 2022.
He said the court ruling violated the provisions of the 1999 Constitution (as amended) on Separation of Powers
In the move to reject the bill, Senator Adamu Aliero fired the first salvo for the bill to be stepped down after the Senate Leader, Yahaya Abdullahi, moved a motion for the bill to be read a second time.
Aliero, who came under a point of order, drew the attention of his colleagues to the provision of Rule 52(5) of the Senate Standing Order.
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Order 52(5) provides that, “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”
He, therefore, advised the upper chamber to step down consideration of the bill pending the vacation of a court order delivered by the Federal High Court, Abuja, on Monday.
According to the Lawmaker, going ahead with the amendment of the Act was in clear conflict with the sub judice rule in law which prevents the legislature from deliberating or considering any matter already before a court of competent jurisdiction.
“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”, Aliero said.
The Senate President, while ruling on Aliero’s point of Order, insisted that the move by the upper chamber to amend the Electoral Act was in line with exercising its Constitutional duties amid following due process.
“To be specific to this particular request, for us in the Senate, it is to look at the request and follow our due process.
“Looking at the request does not mean granting the request. Members of the National Assembly are at liberty to review the request to see if the arguments by the Executive arm of government are convincing enough.
“If the arguments are not convincing enough, the National Assembly can deny the request, and that is how it is. We have no incumbrance from that order.
“So, it is for Senators here to decide to vote for this amendment or vote against it.
“I think we are not breaching any law, in fact, we are trying to promote democracy because to do otherwise may mean that one day someone will go to court and say that the Senate of the National Assembly should not sit.
“I want to appeal to all of us, that we are on the right course and my ruling remains that we are going ahead to consider the proposal which the Leader of the Senate is leading the debate.
“At the end of the debate, we are going to vote, and the vote will decide the fate of the bill.
“I’m sure all of us know that whatever we do here is to protect democracy and the sanctity of the upper chamber”, the Senate President said.
The Senate Leader was then given the floor to lead the debate on the Electoral Act Amendment bill.
Contributing to the debate, Senator Enyinnaya Abaribe (Abia South), kicked against the deletion of Section 84(12) of the Electoral Act Amendment Bill as requested by President Buhari.
He said, “There are certain things that we see which we think we don’t even have to come here to debate.
“One of those things is the fact that in every democracy, all over the world, there are certain rules which we don’t need to be told about.
“One of those rules is the fact that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.
“So, every other place in the world where democracy is practised including Nigeria, we don’t need to be told that if we want to run for office, we have to resign. That is a sine qua non that we don’t even need to debate.
“Yet here we are today in Nigeria, and people think they can sit in an office and contest an election and become candidates and continue to sit in that office until the date of the election.
“So, how would we continue to debase democracy in this way?
“Mr President, I think, a cursory look at this paper shows that this paper is dead on arrival. And I urge you, my colleagues, to help us to continue to deepen democracy by insisting that this bill not be read a second time in any manner whatsoever.”
Smart Adeyemi (Kogi West), who was also opposed to the consideration of the bill said, “one of the hallmarks of democracy is Justice, Fairness and Equity.
“Indeed, Mr President, it is a settled matter in law that you cannot be a judge over you own case.
“In any election, where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.
“Therefore, Mr President, I disagree with all the arguments on the need to consider a decision that has already been settled.”
A move by the Deputy Senate President, Ovie Omo-Agege, to sway his colleagues were unsuccessful.
The bill, when eventually put to a voice vote for a second reading by the Senate President after its consideration, received a resounding ‘nay’ from Senators in the majority across party lines
During the voice votes, a drama had ensued as Lawan after calling out for votes was shocked that the Ayes was a lonely voice for which he decided to repeat the call asking his colleagues whether they did not hear him.
After the repeated call for votes, the Nays still had it overwhelmingly
The Senate leader Yahaya Abdullahi while leading the debate said, “Permit to lead the debate on this very important bill seeking to amend section 84(12). The bill was read the first time on Tuesday
“You may recall that the bill was passed into law and assented to by the President and commander in chief on the 25th February 2022, however, the president expressed reservation on section 84(12) which states as follows, 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 in cases where it holds earlier than 30 days earlier to the national election.
“This provision has been interpreted by as being interpreted by the executive arm government as introducing qualification and disqualification criteria that are ultra vires to the Constitution by way of disqualification of serving political officeholders.
“It is my humble opinion that this proposed amendment be looked into by this distinguished senate which can come out with an objective position that will strengthen our electoral processes as well as our democratic disposition.
Former President, Muhammadu Buhari has called for transparency and accountability in the upcoming local government elections in Katsina State.
Speaking during the All Progressives Congress (APC) caucus meeting on Saturday at the Presidential Banquet Hall in the Katsina Government House, Buhari emphasized the importance of these principles in maintaining public trust and political relevance.
“Transparency and accountability are the cornerstones of good governance and are fundamental to sustaining the confidence of the people,” Buhari said.
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Governor Dikko Radda also addressed party stakeholders at the meeting, urging them to mobilize support at the grassroots level and work towards securing a decisive victory for the APC.
“We are committed to conducting elections that reflect the true will of the people,” Radda stated, highlighting the party’s focus on ensuring transparent, inclusive, and democratic processes.
The governor also underscored Katsina’s political significance, referencing his leadership journey under Buhari’s administration and the recognition the state has received in the form of ministerial and federal appointments under President Bola Tinubu’s government.
In his opening remarks, APC Chairman in Katsina State, Sani Daura, described the caucus meeting as a platform to strengthen party unity and strategize for the elections. He commended Buhari and other stakeholders for their commitment to the party’s success.
Prominent political figures from Katsina, including Senators Abu Ibrahim, Abdulaziz Yar’Adua, Muntari Dandutse, and Nasiru Sani Zangon Daura, were present at the meeting, further underscoring its significance in the lead-up to the elections.
The APC leadership reiterated its commitment to upholding democratic values and ensuring that the local government elections truly reflect the will of the people.
It was a plethora of pleasantries in Osogbo on Thursday, when Osun State Governor, Senator Ademola Adeleke was named 2024 Governor of the year and endorsed for second tenure in office by the top management of the Leadership Newspaper.
The newspaper’s team was on a courtesy call on Gov Adeleke, Biztellers reports.
Receiving them at the Government House, Gov Adeleke noted that his administration had reduced the infra deficit by over 40 percent.
He added that his administration had also bridged access to primary health care, with an ambition to expand health access at medium and tertiary levels.
He said, “Osun State is constantly getting recognitions for what outsiders and even opposition members regard as our commendable performance.
“In the last one year, our government has been conferred with several awards across the sectors. Aside from reputable newspapers like the leadership stable, we have received accolades from several federal agencies and non-governmental bodies. The consensus from those reviewing our performance and service delivery is that we are true agents of good governance.
“In all these positive ratings, my response has always been to task my team to double their efforts. In the face of overwhelming positive reviews and high approval ratings, I am compelled to drive my team harder. When recently, some opposition figures confessed to our positive ratings, I still believe we have a lot of grounds to cover.
“I am not allowing the praises to enter my head. While it may be true that I have delivered a four-year task in under two years, I am propelled to do more because Osun has been left behind on many fronts. As I have reduced the infra deficit by over 40 percent, my real target Is higher. As I have bridged access to primary health care, my ambition is to also expand health access at medium and tertiary levels. While our records across the sectors are laudable as your newspaper has acknowledged, the ultimate goal is to accelerate infra upgrade alongside the boosting of soft investment for the well-being of our people.
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“I appreciate your candid endorsement of our performance. It is important to note that your yardstick for recognizing us correlates with similar reasons adduced by others. Our huge governance records are undeniable facts especially in workers’ welfare, infrastructure delivery, educational expansion, health care access improvement, solid mineral sector reforms, digital economy initiatives, agricultural mechanisation among others.
“I want to assure the public that our administration is not slowing down. Very soon, I will flag off ongoing remodeling of Osogbo stadium to assume international standard. Prior to the ongoing stadium project, we have engineered the creation of Osun Sport Commission and Osun Sport Fund through appropriate legal and policy framework.
“Very soon, I will be flagging off the dualisation of phase one of Odoori – Post office road at Iwo. The contractor for Iwo -Osogbo road has mobilized to site. We plan to complete the two projects within the life of this administration. Meanwhile, the dualisation project at Ilesa is progressing while the flyover bridge at Ile Ife is ongoing with appreciable progress. 2025 is billed to be a year of further expansion of good governance for the good of man and humanity.
On his part, the Vice Chairman of Leadership Group Mike Okpere, noted that the recognition is in order to give Gov Adeleke an insight and encouragement to do a second term.
“Your excellency you will see that, we didn’t just come down here, we had a meeting before the award and that is why we are here, so this trip is to notify you formally for this award and we personally invite you on the 8th of April at the Banquet Hall of the State House in Asokoro where this award will be handed on over to you.
“Our Reputable Person of the Year is Aliko Dangote, you all are aware of the investment he just concluded, by bringing fuel production into Nigeria, because of that and many other things, we chose him as our person of the year.
“Other person’s that would be sharing the merit are other governors that have touched people’s lives, among them is the Governor from Akwa Ibom State, the Governor of Enugu State, the Governor of Jigawa State and the Governor of Kano State.
“We didn’t call this Leadership Governor of the year, we call it Governor of the year, in other words, what we are saying is that, this recognition will give you an insight and encouragement to do a second term.
“As a newspaper company, we don’t endorse Governors but when we see something we say it, your Excellency sir, I therefore want to present this notification and official invitation”, he added.
Other members of the Leadership Newspaper team includes, Abraham Nda Isaiah, Director, Leadership Group, Ibidiran Ayokunle, Head Southern Operations, Joshua Dada, Osun State.
The Cross River State House of Assembly has initiated the process to amend the Local Government Law 2007, introducing provisions to expand political appointments and enhance local government administration across the state.
The bill, sponsored by Rt. Hon. Davies Etta, representing Abi State Constituency, was debated on Tuesday in Calabar.
It proposes increasing the number of appointees in each Local Government Area (LGA) to 50. Among the new roles are 16 Special Adviser positions and a cadre of officials known as Ward Relation Officers.
According to the bill, “The Chairman of Council may appoint such a number of Special Advisers to assist him in the discharge of his duties, provided that appointments, when added to other statutory appointments, shall not exceed a total number of 50.”
The proposed Ward Relation Officers will hold ranks equivalent to Special Advisers and will report directly to the Chairmen of their respective LGAs.
This move, the Assembly says, is aimed at fostering grassroots engagement and improving governance at the local level.
Another key provision of the bill seeks to elevate the office of the Head of Local Government Administration (HOLGA) to the status of a Permanent Secretary within the state public service.
The amendment stipulates that HOLGAs will enjoy all the rights, privileges, and entitlements of Permanent Secretaries, including pensions.
“The office of the HOLGA shall be equivalent to the office of a Permanent Secretary of the State Public Service and shall enjoy all rights and privileges of the Permanent Secretary, including pensions,” the bill states.
It also specifies that appointments to the HOLGA position must be made exclusively from within the local government service in the state.
The bill, which has passed its first and second readings, has been referred to a joint committee on Local Government Affairs, Judiciary, and Public Accounts for further review and consultations with stakeholders.
Speaker of the Assembly, Rt. Hon. Elvert Ayambem, underscored the importance of the proposed amendment, noting that it would strengthen local government administration and improve service delivery to the grassroots.
The Assembly is expected to hold further deliberations before making a final decision on the proposed amendments.
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