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President Muhammadu Buhari has written to the House of Representatives requesting the amendment of Section 84(12) of the Elections Act 2022.
The Speaker of the House of Representatives, Hon. Femi Gbajabiamila read out the President’s letter to lawmakers during the plenary in Abuja yesterday.
Recall that Buhari, while signing the Election Amendment Bill 2022 on February 25, 2022, complained that the provision was a fundamental flaw, saying it conflicted with existing constitutional provisions.
According to the President, Section 84(12) constitutes a disqualification of incumbent political office holders from voting or being elected at conventions or congresses of any political party.
This, he said, was for the purpose of nominating candidates for any election where it is held earlier than 30 days before the national election.
The article read: “No politically appointed person at any level shall be a voting delegate or be elected to any political party convention or congress for the purpose of nominating candidates for election. “
Buhari said the provision introduced qualification and disqualification criteria that overruled the Constitution by imposing a blanket restriction and disqualification.
This, he said, was primarily for incumbent political office holders whose constitutional protection they enjoyed.
“It is imperative to note that the only constitutional expectation imposed on incumbent political office holders who qualify by extension as public officers within the context of the constitution is resignation.
“Others, he said, were; withdrawal or retirement, at least 30 days before the date of the election.
“Therefore, it will stretch things beyond the constitutional limit to import foreign restrictions into the Constitution due to the practical application of Section 84(12) of the Bill,” Buhari said.
It is there, according to him, that the conventions and congresses of the political parties were to be held more than 30 days before the election.
However, Buhari calls for the bill to be amended to reflect the spirit of the Constitution.
Buhari demanded that the National Assembly consider immediate amendments that would bring the bill into line with constitutionality by deleting Article 84(12) accordingly.
Meanwhile, the Federal High Court on March 7 prevented Buhari, the Attorney General of the Federation and the National Assembly from tampering with the recently amended Electoral Law 2022.
Judge Inyang Ekwo, in a decision on an ex parte application by the People’s Democratic Party (PDP), agreed that the Election Law had become valid law and could not be changed without following due process.
Ekwo felt that the appropriate place to challenge the validity of any existing law was a court of competent jurisdiction.
A member of the House of Representatives, Herma Hembe, (APC-Benue), however, reminded the House of the court’s decision.
Meanwhile, the Senate has insisted it is moving forward to amend the Elections Act of 2022 as amended despite an interim order barring the National Assembly from amending the law pending a determination of the prosecution. on the background.
The National Assembly is of the opinion that the Constitution has conferred on it the right to make and amend laws and that, therefore, court orders cannot prevent it from exercising this constitutional function.
This comes as the Senate responded to the Federal High Court ruling barring the National Assembly from amending the new 2022 electoral law.


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