Too late to sign amendment to Electoral Act, election observers’ coalition tells Buhari

CEMO added: “After a very extensive review and consultations on the issue, we submit that the amendments sought to Section 84 of the Electoral Act 2022, as desirable as they may be, have been overtaken by events leading to the 2023 general elections.

“It is instructive to note that political parties, especially the two major political parties in Nigeria, have already started the electoral processes under the timelines, schedules and rules prescribed by the provisions of the extant Electoral Act 2022.

“More importantly, it must be noted that political parties have already structured their timetables, sold nomination forms, screened aspirants, conducted congresses, elected delegates, with major parties already holding primaries and candidates already emerging under the rules provided for in the current Electoral Act, 2022.

“Our observation shows that political parties, aspirants and the electorate have already adjusted to the current provision of Section 84 of the Electoral Act. Candidates are already peacefully emerging. Any alteration at this moment has the propensity of dislocating the current political tranquility in the country and disrupt the entire electoral process.”

IN his reaction, Dr. Mubarak Adekileku of the Department of Law, University of Ilorin, said the amendment would only become effective as soon as it is signed into law, adding that before such is signed, the existing delegates list who emerged through voting and whose names had been submitted to INEC are still valid.

However, he said INEC has, in accordance with its rule, maintained that such names must be submitted not less than seven days before the primaries.

“While it is evident that even if signed into law now, it cannot be used for the Senate, governorship and Assembly primaries, it is hoped that it may still be used for the presidential primary, that is, if it is signed today (Monday).

“And if the amendment is signed, the already conducted primaries are not vitiated simply because the statutory delegates list were not used. This is because a law does not have a retrospective effect. It becomes effective when signed,” he said.

An Abuja-based lawyer, Godwin Ogboji, said, “as it is now, the extant and existing law as provided by section 84 (8) of the Electoral Act recognises only elected delegates, hence all primaries to be conducted before the coming into existence of any subsequent law upon the assent of the President on the amended Electoral Act must be in accordance to the law that excludes statutory delegates.

A lawyer and convener of Vanguard for the Independence of the Judiciary, Douglas Ubankwa, said there is a confusion of purpose between the National Assembly and the Presidency as it concerns the protracted and complex amendments of the Electoral Act 2022, as it appears President Buhari is extracting a pound of flesh from the lawmakers who quickly added statutory delegates, but ignored a mutual agreement to delete a part of Section 84 he had raised a query about.

“However, it is the day and time the President signs the Electoral Act 2022 (As Amended ) that it comes into operation and not earlier. All party primaries conducted before then remain, having been conducted under the mandate of an existing law. There is no place for retroactive effects of our laws in our jurisprudential trajectory. This position of law has been affirmed in a plethora of judicial authorities.”