Governor Nyesom Wike of Rivers State has countered President Muhammadu Buhari on his complaint about Section 84(12) of the amended Act which he signed on Friday, February 25.
Buhari had while signing the bill frowned at the section which he said contradicted the 1999 Constitution by taking away the right of some Nigerians to vote or be voted for.
Wike countered immediately declaring the president as ‘selfish and not altruistic.’
The governor said if Buhari truly believed in transparent election and that everybody should have a level playing ground, he would not be suggesting the amendment of the section which he claims will disenfranchise serving political office holders from voting or be voted for at conventions or congresses of any political party.
Buhari said it was gratifying to note that the current bill comes with a great deal of improvement from the previous Electoral Bill 2021. “There are salient and praiseworthy provisions that could positively revolutionize elections in Nigeria through the introduction of new technological innovations. These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.”
Saying the objectives of the Act were in line with his administration’s electoral reforms, he, however, expressed shock at Section 84(12) which seeks to stop ministers and other appointees from voting at party conventions. “This, however, cannot be said about one provision as contained in the proposed bill, which constitutes a fundamental defect, as it is in conflict with extant constitutional provisions.
“Section 84 (12) constitutes a disenfranchisement of 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.
“This provision has introduced qualification and disqualification criteria that ultra vires the constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection. He urged the National Assembly to quickly amend the section.
Many analysts already pointed at some ministers as those targeted by Section 84(12) and fingered some big political lords to be behind such clause.
Reacting swiftly, Wike who has persistently pelted his kinsman and former governor, now minister of transportation, who is believed to be eyeing the presidency in 2023, noted that the president’s complaint that Section 84 (12) is ultra vires with the 1999 Constitution as amended, is neither here nor there.
“Mr President has told the world he is trying to protect some of his appointees who want to run in election, and who are afraid of leaving office knowing fully that having left the office it would be difficult for them to assert or to influence the outcome of party primaries.
“If Mr President really believes in free, fair and transparent election, and for everybody to have a level playing ground, Mr President will not call for such amendment.”
Wike observed that Buhari was not willing to sign the Electoral Act Amendment Bill into law, but had to succumb to pressure mounted on him by Nigerians. According to him, if the president had declined assent on the bill, the National Assembly would have been embarrassed and lost public confidence.
“For whatever it is worth, let us say Nigerians are happy that after all said and done, the president and the APC administration for the first time have bowed to the pressure of Nigerians in order to have a law that enables our electoral process to be transparent. But again, this tells you the kind of party in power.”
Wike said Buhari should allow ministers, commissioners, specials advisers who feel the provision of the Electoral Act will adversely affect them to proceed to court and challenge it.
“Mr President knows the function of the legislature is to make laws. The function of the executive is to implement the law, and the function of the judiciary is to interpret the law. Now Mr. President is not only doing the work of the executive, he has also delved into the work of the judiciary of interpreting the law, knowing where there is conflict. I wonder why Mr President didn’t know when he appended his signature to the Police Trust Fund that was in conflict with the provision of the constitution.”
Read also: Presidency 2023: Wike’s card gets clearer
Wike said one remarkable feature of the Electoral Act is that it will reduce the involvement of security agencies in the hijacking of ballot boxes and results.
He said the new law will also make public officers seeking re-election be on their toes because their political fate will be solely determined by the electorate based on their performances.
Governor Wike commended the National Assembly for granting Independent National Electoral Commission (INEC) the power to transmit election results electronically and reject results that are issued under duress. Electronic transmission of results will give confidence to the people, to the electorate and anybody who is elected will now sit up to say it is not going to be business as usual.”
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