…Senate to reconsider stance on direct party primaries
Senate President, Ahmed Lawan, says the National Assembly will further amend the Electoral Act 2022 to serve as a safeguard against weaknesses identified in the law.
Lawan stated this following ‘a matter of urgent national importance’ brought by former Senate Leader, Yahaya Abdullahi, during the plenary yesterday.
Abdullahi had suggested that the Senate “reverts to its earlier stand on direct primaries”.
The lawmaker also asked lawmakers of both the Senate and House of Representatives to look out for the loopholes and weaknesses in the 2022 Electoral Act and subsequent legislation. Abdullahi was reacting to the Supreme Court’s decision to strike out a suit filed by President Buhari and the Attorney-General of the Federation, (AGF) Abubakar Malami.
The duo had challenged the controversial section 84(12) of the Electoral Act which provides that “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election”.
However, the 7-justices bench of the Supreme Court, led by Musa Dattijo-Muhammad, unanimously struck out the suit last week, describing it as an abuse of the court process.
Aokmaye Agim, who delivered the lead judgement, held that the President, having earlier assented to section 84 (12) of the Electoral Act 2022, cannot turn around to approach the court to strike it down.
Recall that the Electoral Act was passed by the National Assembly earlier this year and was signed into law by the President in February.
After signing the law, Buhari wrote to the Senate requesting deletion of the Section on the grounds that it was unconstitutional and was made in excess of the powers of the National Assembly – a request the Supreme Court judge described as a constitutional violation.
The National Assembly rejected the request.
Abdullahi commended the National Assembly for resisting the pressure from the Executive to amend section 84(12).
He described the Supreme Court verdict as a victory toward true democratic governance anchored on the rule of law. The verdict, he said, restored and anchored the power of making laws to the National Assembly and established a principle that once the president assents to a Bill he/she cannot approbate and reprobate. (i.e, he/she cannot go to the court to amend/reject the Bill in part or whole.
He also stressed the need to amend the Electoral Act to revert to the direct mode of primaries.
While the lawmakers are keen on amending the Act, it is not clear when the process will begin.
