By Emeka Amaefula
NOT SIGNING THE AMENDED ELECTORAL ACT: IMPLICATIONS TO 2023 POLITICAL PARTY PRIMARY ELECTIONS
Few days to go from now majority of the political parties must have filed out to elect their various candidates that will represent them at the 2023 General elections. One of the challenges that will bar most party faithful not to participate is the section 84(8) which has been controversial and the Court of Appeal had rule against the clause which has a breach of the fundamental right of citizens. This is a fact that the executive arm of the Government of President Muhammadu Buhari has asked the national assembly to delete it from the signed Electoral Act.
As it is today, in accordance to the existing provisions of S.84(8) of the Electoral Act 2022, no sitting Governor and Deputy Governor will vote, the Senators, National Assembly members with the Speaker, Senate President will vote during the Conventions of the political parties. Again, the members of Local Government Area Chairman and Deputy Chairman will vote except the three Ad-hoc sole purpose delegates will vote during the primary elections plus one National delegate. The question is what will happen to some of the political parties that have complied with provisions of the Law as it is today?
It is on record that some political parties had commenced the indirect election of their candidates that will represent them at the 2023 General elections and President Muhammadu Buhari must comply with the dictates of law as it is un-natural to shift the goal post when the process of striking the target has commenced. This is what the 9th National Assembly have brought to Nigerians as they targeted President Buhari and some of the appointed Aides who have political ambition to contest elective positions.
On the 25th of February, 2022 Muhammadu Buhari signed into Law the new electoral Act 2022. With this, the new Electoral Act introduced most changes which were inserted by the Lawmakers to pursue their untoward interests or that of their political godfathers. According to Achi William-Wobodo an Abuja based Lawyer and politician “The amendment of the section at this time portends danger for the two major political parties. Even where President assents to the Amendment, that provision cannot be applied to this electoral process, other political parties having “been misled” by and acted based on the Old provision. Any subsequent primaries done pursuant to a new provision is liable to be set aside. That would mean that new provision has conferred some advantages and disadvantages to some political parties(sic).
“The legal foundation for the aggrieved political parties who have been or are “deceived” by INEC application of old provision to them and a few provisions to others are already provided by the Constitution in the fourth Alteration.”
Again, for President Buhari who after signing the Amended Electoral act into Law on 25th of February asked the national lawmakers to delete S.84(12) as it is unconstitutional and negates the adult suffrage of the citizens who are political appointees of which there has been delay which the National Lawmakers attributed to not having enough time to do but when it was time for inserting the amendment of S.84(8) in less than few Minutes on the hallowed Chambers of the National assembly it was amended and forwarded to the President for assent. This is where Nigerians will have the next President being elected by 3-Adhoc elected Delegates from the Local Government area Congress with one National Delegates all coming from the 774 Local Government areas plus Federal capital Territory FCT Abuja.
Therefore, for both APC and PDP in their forth coming Political parties’ primaries no Governor, no Deputy governor, no senator, no House of Assembly, House of Representatives member or Speaker or Senate President will vote including the Statutory Delegates. No, Elected Local government or state elected Chairmen of political parties will vote during delegates Convention.