Electoral Act: ‘Call for removal of Section (84) 12, faulty – Expert

A Constitutional Lawyer says the call for the removal of Section 84 (12) of the Electoral Act, 2022, which provides for the resignation of political appointees before contesting the election, is not a wise move by the National Assembly.

Dr Kayode Ajulo, in a statement on Wednesday in Abuja, said that the provision would help create a level ground for all aspirants in an election. He added that the provision for the resignation of public servants before the election was to ensure the neutrality of people in the executive arm of government at all levels.

He added that it would also prevent partisan politics in the civil service, stressing that the public service rule prohibited civil servants from participating in partisan politics.

“So if you want to be involved in partisan politics, you must resign,” he said.

Reports state that President Muhammadu Buhari, while signing the Electoral Amendment Bill on Feb. 27, voiced his reservation regarding Section 84 (12) of the new law.

The President said that the provision conflicted with extant constitutional provisions, and it would disenfranchise serving political office holders by preventing them from voting or being voted for in conventions.

Ajulo said that the provision derived its validity from the 1999 Constitution and did not contravene any provision.
“By the provision of Section 228 of the 1999 Constitution (as amended), the National Assembly has the power to provide guidelines and rules to ensure internal democracy within political parties,” he said.

This, according to him, includes making laws for the conduct of the party primaries, party congresses, and party conventions.

They designed this section of the Act to create a level playing ground for all aspirants during congresses and conventions. The section for him didn’t undermine the rights of political appointees to hold office or take part in primaries or the general election.