SECTION 84 (12) ELECTORAL ACT 2022: WHITHER POLITICAL APPOINTEES?
When President Muhammadu Buhari assented to the new Electoral Bill on February 25, 2022, many believed that it was victory for the country’s democracy given far reaching electoral reforms contained in the new Bill. While the ovation for this uncommon feat was still resounding, the President communicated to the Senate of his intention to have Section 84(12) expunged from the Electoral Act.
For purpose of clarity, The President had sought to expunge the Section that provides that
“No political appointee at any level shall be voting delegates or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.
The Senate led by Ahmed Lawan, many believed would have bowed to the pressure from a President whose members are in the majority in the National Assembly. This was not to be as the Senate after allowing the President’s request go through the gamut of legislative crucibles, did not only deny the President that very critical request, it disobeyed an order of court directing it not to consider the President’s request.
It is obvious that Section 84(12) is the deal breaker in the new Electoral Act. Across States of the federation, the possible effect of this provision on the ambition of political appointees is wrecking untold political havoc. Many seem to be at a crossroad regarding what to do next.
THE DEAL
BENUDECHUKWU.COM can authoritatively reveal that most of these political appointees as a precautionary measure have ‘resigned’ but still lurking around the corridors of power, with no intention of losing the minutest perks of their office. While they are still active in performing their assigned functions, they have perfected plans to stop being pay rolled, a potential documentary evidence should they be confronted with breach of Section 84(12).
While this ‘deal’ may look perfect, the impression most people have is that any political appointee who does not resign publicly at the appropriate time shall have given himself away as a dishonest person and one not deserving of public trust.
At the time of filling this report, it is not certain what the future holds for political appointees interested in being voted for. Section 84(12) appears to be hanging on the necks of these political appointees like the sword of Damocles.
A SENATOR WHO CRAVED ANONYMITY CLARIFIES:
In as much as 84(12) stipulates that an appointee/public/civil servant should resign in order to either be a delegate and/or an aspirant, there is no such three month stipulation.
What is envisaged is that the public/civil service rules would kick in. That is that the person should resign one month to primaries, when the parties fix their dates of congresses and primaries.
To my knowledge no party has fixed theirs yet. PDP will have both National Caucus and NEC meeting next week Monday/Tuesday and presumably will approve the dates for such. APC is still groping in the dark. Other parties have not done so yet. Only after such dates are set that section 84(12) applies to public servants.
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