President Muhammadu Buhari has written to the Senate, requesting that section 84 (2) subsection 12 of the 2021 Electoral Act be amended.
President Buhari specifically requests that the National Assembly amend section 84 (2) Subsection 12 of the Constitution, which states that no political appointee shall be a voting delegate or be voted for at any political party’s convention or congress for the purpose of nominating a candidate for election.
According to the letter, the amendment is required because the clause contains a fundamental flaw that results in the disenfranchisement of political officeholders.
The Electoral Act Amendment Bill was signed into law by President Buhari on February 25. He criticized Section 84 (12) of the Electoral Act of 2022 during the signing.
The President said he believes the provision, as contained in the newly signed Act, constitutes a fundamental defect as it conflicts with extant constitutional provisions.
In his view, the section disenfranchises 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.
President Buhari stressed that the provision introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restrictions to serving political officeholders.