Electoral Act: Edwin Clark Disagrees With Buhari, Says Political Appointees Must Resign

Clark disagreed with the position of President Muhammadu Buhari who stated that the clause runs contrary to the provisions of the Nigerian constitution and would disenfranchise political officeholders

Tracknews reports that Section 84 (12) of the Electoral Act 2022 reads: “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.”

But President Buhari while signing the bill into law last Friday, called on the National Assembly to amend the portion which bans political appointees from participating in election primaries. He also sent a letter to the lawmakers officially conveying his request.

However, Clark in his reaction to the clause said it is a welcome development as it will stop impunity and restore sanity in Nigeria’s electoral system.

He added that the clause in the electoral act does not in any way contradict the provisions of the constitution.

The elder statesmen made his view on the matter known via a statement on Tuesday.

“Nobody will be disenfranchised; all the Act is saying is that we want to stop impunity and waywardness,” he said.

He added that “there is no constitutional breach, and therefore, the call on Mr. President to NASS to review that the said Section 84 (12), is unnecessary, if we are serious that we want to sanitise our electoral system”.

“Firstly, there is no provision in the 1999 Constitution of the Federal Republic of Nigeria which allows public servants to remain in office, while engaging in political activities,” he said.

“Also, Article 31 (1) (iii) of the APC Constitution (October 2014 As Amended), states that: “Any Party office holder interested in contesting for an elective office (whether party office or office in a general election) shall resign and leave office 30 days prior to the date of nomination or party primary for the office he or she is seeking to contest”.

“Under public policy, it is inconsistent for a government appointee to remain in office, when he is contesting a political position.

“I have also observed that such public office holders normally give at least one month notice before entering into the political field in order to contest any position, whether as councillor in a local government council or as president of the country.

“This moral and pristine practice has been overtaken recently by the system where law and order are no longer obeyed in Nigeria. Public servants now contest public offices, still holding/occupying their political appointments/offices, except in a situation where either the President or Governor asks such interested person to resign.”

He argued further that President Buhari has no powers to ask the National Assembly to adjust the clause in the act as only the Independent National Electoral Commission (INEC) can make such requests.

He, therefore, called on Buhari to let go of the matter if he is indeed serious about reforms and ending corruption in the country.

“The new Electoral Law is, indeed, in line with government policy and loyalty to the government; and not in some cases, where there could be conflict of audit interest between the personal expenses of such appointees when they begin to use government funds and properties such as vehicles, drivers, etc., in their possession, if Section 84 (12) of the Electoral Act is amended to state otherwise,” he said.

“Political party conventions and congresses should be attended only by party’s card-carrying elected delegates from their various wards, who are not political office holders or appointees, by the party members.

“Mr. President has no powers to delve into this matter. INEC has the prerogative to deal with the situation.

“Mr. President, if we are sincere in fighting corruption and other forms of vices plaguing our country, this is one big opportunity. Let us not blow it, because we want to serve the interest of a few persons who are in office today.”