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.
Politics
Atiku Raises Alarm Over Attacks on Sowore, ADC Governorship Candidate, Accuses APC of Intimidation
Former Vice-President Atiku Abubakar has condemned the reported simultaneous attacks on African Action Congress (AAC) presidential candidate, Omoyele Sowore, and the African Democratic Congress (ADC) governorship candidate in Sokoto State, Manir Muhammad Dan’iya, describing the incidents as “deeply troubling and unacceptable.”
Atiku accused the ruling All Progressives Congress (APC) administration of using intimidation and violence against opposition leaders and their supporters, alleging that the incidents exposed the government’s determination to suppress political opposition.
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In a statement, the former Vice-President expressed concern that the attacks reportedly occurred while President Bola Tinubu was away on a spiritual pilgrimage.
He alleged that “political enforcers and thugs loyal to his party are unleashing terror on his political opponents at home.”
“These two realities cannot coexist in a democracy,” Atiku declared, referring to the President’s absence and the reported attacks on opposition figures.
He further warned that the continued attacks on opposition members and the alleged disappearance of critical social media influencers were signs of a dangerous political development.
“The continued attacks on opposition figures and the unexplained disappearance of critical social media influencers are clear red flags of a dangerous slide toward a censored state where the opposition is crushed by the brute force of the current government,” he said.
Atiku described the incidents as unbecoming of a democratic government, adding that they “starkly reveal the desperation of the Tinubu administration.”
He called for immediate and transparent investigations into both attacks, insisting that the government must refrain from any attempt to silence opposition voices.
The former Vice-President also demanded that the Tinubu administration guarantee a free, fair and competitive electoral process ahead of the forthcoming general elections.
Raising additional concerns about the situation in Sokoto State, Atiku alleged that a local security outfit had been harassing ADC supporters and physically assaulting citizens simply for wearing the party’s merchandise.
He said the reported harassment further highlighted the challenges facing opposition parties and their supporters.
“We shall resist every ongoing attempt to cancel political opposition in Nigeria,” Atiku declared.
He also accused the ruling APC of failing in its mandate, insisting that Nigerians must be allowed to freely participate in an electoral contest that would determine the country’s political future.
“Nigerians must be allowed to freely participate in an electoral contest that will determine the fate of this administration,” he added.
The African Democratic Congress (ADC) has accused President Bola Tinubu of using the Federal Government’s proposed N50,000 monthly cash relief programme to win back public support ahead of the 2027 general elections.
The opposition party described the intervention as an election gimmick, alleging that its timing was driven by the Tinubu administration’s reaction to growing public dissatisfaction and the ADC’s campaign promise to reduce the cost of living.
In a press statement issued on Saturday, October 31, and signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party questioned the government’s motive for announcing the financial intervention after years of economic hardship.
The ADC alleged that the announcement followed its decision to make affordability and reducing the cost of living central issues in its political campaign ahead of the 2027 elections.
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“President Tinubu is in full panic mode now. Since the ADC and our Presidential Candidate, Atiku Abubakar, have made affordability and reducing the cost of living the cardinal focus of our campaign, the government has been announcing one desperate intervention or another,” Abdullahi said.
The party recalled previous government announcements, including a $1 billion Renewed Hope Social Intervention Fund, a 30-day fuel discount, cheaper transportation arrangements scheduled for October 1 and a N70,000 transportation allowance for workers.
According to the ADC, several of the announced interventions had failed to produce the promised results, describing the latest N50,000 cash relief announcement as another attempt by the government to gain public approval.
“They are just thrashing around, hoping that something would stick,” the statement added.
The opposition party also questioned the purchasing power of the proposed N50,000 payment, arguing that the amount would offer limited relief to households struggling with rising food, transportation and healthcare costs.
“What exactly is N50,000 supposed to buy in Tinubu’s Nigeria today? How much food can a family purchase with that amount? How much transport can it cover? And for how long?” the party asked.
It further described the intervention as “a desperate and cynical attempt to buy back the goodwill of the people,” adding that the proposed payment was “too little, too late.”
The ADC accused the Tinubu administration of failing to adequately address the economic consequences of its reforms, arguing that the government had ignored warnings about the hardship the policies could impose on Nigerians.
The party questioned why financial assistance for vulnerable Nigerians was not incorporated into the government’s economic reform plans from the beginning.
“If they could give N50,000 to vulnerable Nigerians, why didn’t they factor it into reform plans from day one rather than make it an election-season handout?” the statement queried.
The party further alleged that the government’s handling of previous intervention programmes raised concerns about accountability and the possibility of public funds being diverted.
It cited findings by the Auditor-General concerning billions of naira allocated to previous cash transfer programmes, which it said could not be properly accounted for.
The ADC demanded explanations over the findings and questioned whether officials responsible for the management of the previous intervention funds had been held accountable.
“What has happened to the findings of the Auditor-General concerning the billions of naira in previous cash transfers that could not be properly accounted for? Have those responsible been held accountable?” the party asked.
The opposition party also challenged the government to explain why Nigerians should trust another intervention programme involving billions of naira when questions surrounding previous funds remained unresolved.
Osun State Governor, Senator Ademola Adeleke has declared that he has no deal to share legislative or local government area-seats with the Osun chapter of the All Progressives Congress (APC).
The governor made the clarification amidst social media reports that the deal between the governor and the presidency include sharing of local government positions as well as those of Senate, House of Representatives and State Assembly between Osun Accord and the state APC in the forthcoming elections.
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The governor who reaffirmed his commitment to the re-election of President Bola Ahmed Tinubu said the negotiation for the resolution of the local government crisis targets protection of the interests of both the APC chairpersons and those of the elected PDP chairmen and councillors, affirming that reports of office sharing remain mere fabrication and fake news.
“As the governor of all Osun indigenes and residents, we are working to resolve the local government matter by ensuring that all interests are protected and cared for. As at now, all stakeholders agreed that restoring grassroots governance is a condition for our successful campaign ahead of the 2027 elections”, the governor posited.
While assuring that the local government crisis will be resolved before the end of the year, the governor submitted that he did not enter into any agreement to share legislative seats with the Osun APC as has been rumoured, declaring that “what unites the coalition partners is only the presidential elections.
“As I said while inaugurating the Presidential Campaign Council, the coalition is targeted at the presidential election. Partners agreed to join hands to ensure our dear president is re-elected. All other legislative positions are open for competition. I will work and campaign for Accord candidates for Senate, House of Representatives and the State House of Assembly.
“I urge all political parties to campaign for their candidates as I will do for Accord candidates. We have no deal on the National Assembly and the State Assembly elections. All our candidates will face the electorate who has the final say”, Adeleke said.
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