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.
A chieftain of the African Democratic Congress (ADC), Chief Eze Chukwuemeka Eze, has cautioned Barrister Kenneth Okonkwo against making comments capable of undermining former Minister of Transportation, Rotimi Amaechi, warning that such remarks could threaten the party’s unity ahead of the 2027 general elections.
Eze was reacting to recent remarks by Okonkwo, who reportedly suggested that former Vice President Atiku Abubakar had no alternative but to accept Amaechi as his running mate.
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He described the statement as “unfortunate, insulting and counterproductive,” saying it could negatively affect public perception of both Atiku and Amaechi.
According to Eze, Atiku’s long political career demonstrates that he is fully capable of making independent decisions on critical political matters without being influenced or compelled.
“Anyone who has followed Atiku Abubakar’s political journey knows that he has a mind of his own and is fully capable of taking decisions on matters of this nature,” Eze said.
The ADC stalwart argued that portraying Amaechi as an imposed choice diminishes the former Rivers State governor’s political achievements and contributions to Nigeria’s democratic development.
He highlighted Amaechi’s political record, noting that he served as Speaker of the Rivers State House of Assembly, two-term governor of Rivers State, Minister of Transportation, and presidential aspirant, describing him as one of Nigeria’s most experienced political figures.
Eze also recalled that Amaechi emerged second to President Bola Tinubu during the 2023 All Progressives Congress (APC) presidential primary and later finished as runner-up to Atiku Abubakar in the ADC presidential primary.
According to him, Amaechi’s emergence as the party’s vice-presidential candidate should be seen as a strategic advantage rather than an imposition.
“Amaechi’s personality, political experience and national appeal add significant value to the ADC presidential ticket,” he stated.
The former publicity secretary of the defunct New Peoples Democratic Party (nPDP) further advised Okonkwo to improve his communication style by learning from individuals with proven expertise in political messaging.
Calling for unity within the opposition party, Eze urged ADC leaders, spokespersons and supporters to avoid comments capable of creating unnecessary controversy or weakening the party’s collective resolve ahead of the 2027 elections.
“Our focus should remain on building a united front. Internal disagreements should not distract us from our collective objective of providing Nigerians with a credible alternative,” he said.
He added: “As things stand, we have a common objective. We need unity of purpose and must avoid comments that could weaken our collective resolve. Responsible communication and party cohesion remain essential to the success of the ADC in the forthcoming elections.”
The presidential candidate of the Social Democratic Party (SDP) for the 2027 general election, Prince Adewole Adebayo, has launched a fresh attack on the All Progressives Congress (APC), describing the Muslim-Muslim ticket of President Bola Tinubu and Vice President Kashim Shettima as a political strategy aimed at deceiving Nigerians.
Speaking during an interview on Arise Television’s Morning Show, Adebayo argued that the 2023 presidential ticket was built on religious sentiment rather than competence, insisting that Nigerians are now more interested in electing leaders who can deliver justice, good governance and economic prosperity.
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According to him, the APC’s same-faith ticket has failed to meet the expectations of many Nigerians, including those who supported it because of the candidates’ religious affiliation.
“There is nothing like the Muslim-Muslim ticket. Even when the contraption was brought up four years ago and I was in Kano, I was asked the same question while meeting with the Ulamas.
“I told them that if you are hoping for a Muslim-Muslim ticket in President Tinubu and Vice President Shettima, you will be lucky to even have a single Muslim out of the two.”
Adebayo maintained that leadership in Islam is defined by justice and competence, not by a leader’s religious identity, describing the Tinubu-Shettima administration as a “zero-zero ticket.”
“It turned out now that it’s not a Muslim-Muslim ticket. From the point of view of Muslims in Nigeria, it is a zero-zero ticket because in Islam, what is expected of a leader in Islamic jurisprudence is not the religion of that leader but justice.”
The SDP flagbearer added that Islamic teachings encourage the appointment of only qualified and capable individuals to positions of responsibility.
“The reason why Muslims get involved in politics is to have a just society, and there are guidelines in Islamic jurisprudence regarding politics. In Islam, it is expected that if you are a good Muslim, you do not give public office or responsibility to anyone who is not fit for that.”
He further alleged that the Muslim-Muslim ticket was introduced to manipulate voters through religion instead of presenting credible leadership.
“The whole concept from the beginning was just to defraud the populace by using religious sentiment. What the North and all Nigerians are looking for is a righteous leader, no matter the person.”
Adebayo also criticised the current administration over the country’s socio-economic challenges, arguing that the religious composition of the presidency has not translated into justice or improved living conditions.
He referenced former Kaduna State Governor Nasir El-Rufai, saying even one of the prominent advocates of the Muslim-Muslim ticket has recently been seeking justice.
“So when you say you are looking for a Muslim-Muslim ticket and there is no justice anywhere, even one of the proponents, El-Rufai, who was celebrating it, he and his family are now crying for justice. That is the biggest irony you can have.”
He concluded that Nigerians ahead of the 2027 general election are more concerned about competent leadership, fairness and better governance than the religious background of presidential candidates.
The Ebonyi State chapter of the Peoples Democratic Party (PDP) has called for a thorough investigation into an incident involving security personnel attached to the convoy of Governor Francis Nwifuru following the circulation of a viral video on social media.
The video purportedly shows a confrontation between members of the governor’s convoy and occupants of a civilian vehicle along the Centenary City–Chiboy Motors axis of the Afikpo-Abakaliki Road.
According to available information, the incident occurred after a Toyota Camry reportedly collided with a motorcycle rider attached to the governor’s convoy, leaving the rider injured. The ensuing confrontation allegedly resulted in damage to the civilian vehicle.
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Reacting to the development, the PDP’s State Publicity Secretary, Prince Darlington Peter Onwe, called on the Ebonyi State Police Command and the Department of State Services (DSS) to conduct a thorough investigation into the incident.
He urged security agencies to identify and interview those involved and determine the circumstances surrounding the confrontation.
The party also called on the Ebonyi State Government to provide clarification on the incident and disclose the identity and conduct of the security personnel involved.
In addition, the PDP urged relevant authorities to review the operational procedures and rules of engagement for security personnel attached to official convoys to ensure the safety of other road users.
Onwe said the party believes the public deserves a full account of what transpired and urged eyewitnesses and other persons with relevant information to cooperate with investigators.
Responding to the controversy, the Special Assistant to the Governor on New Media, Leo Ekene Oketa, said “the viral video captured only part of the incident and did not present the complete sequence of events.”
He appealed to the public “to refrain from drawing conclusions until all the facts have been established.”
Oketa explained that official convoys, like ambulances, fire service vehicles and other emergency responders, are required to move swiftly in the interest of public safety and national security.
He noted that motorists are expected to comply with lawful traffic directives issued by police officers and convoy personnel to ensure the safe movement of official convoys and prevent accidents.
According to him, “Governor Francis Nwifuru remains committed to professionalism, respect for the rule of law and the protection of lives.”
He added that the circumstances surrounding the incident were being reviewed and urged road users “to remain patient, obey lawful traffic instructions and cooperate with emergency and security personnel in the interest of public safety.”
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