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Direct Primaries: Group Advice Buhari On Electoral Act Amendment Bill

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Electoral Act Amendment Bill

By Kayode Shopekan

  • Group has cautioned President Muhammadu Buhari on assenting to the electoral act amendment bill

EKO HOT BLOG reports that the Vanguard for Transparent Leadership and Democracy (VATLAD) has appealed to President Muhammadu Buhari to take his time and study the Electoral Amendment Bill before him, as some of the amendments may have an adverse effect on the electoral processes in the country.

National President of the civil society group, Comrade Igbini Odafe Emmanuel, on Friday, wrote an open letter to the President, picking out some loopholes in the Bill, especially as it relates to Direct Primaries.

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Comrade Odafe reacted following a letter written by the President to INEC seeking further advice, especially on direct primaries and electronic transmission of results.

Comrade Odafe said we have carefully studied and analyzed the arguments and controversies that the proposed amendments to the Electoral Act to impose Direct Primaries on all Political Parties is generating, we, therefore, advise the President to withhold his assent to the bill.

According to Odafe, the imposition of Direct Primaries or any form of primaries on any or all political parties is a violation of section 223 of the 1999 Constitution, as amended.

This singular act he said will make a mockery of democracy as was the sad case of the two political parties imposed on Nigerians during the regime of former Head of State, Ibrahim Babangida.

He said, “We wish to state clearly that by virtue of section 223 of the Nigerian Constitution, as amended, the methods for choosing candidates for elections by political parties are strictly the Internal Affairs of each political party as aptly provided in each Constitution of the various political parties.

“We are aware that copies of Constitutions of all political parties are registered in INEC as required of the parties by the provision of section 222(c) of the 1999 Nigerian Constitution, as amended, being a precondition for registration of political parties with INEC.

“Furthermore, section 222 (d) of the Nigerian Constitution makes it the exclusive preserve of only eligible members of each political party to alter any section of their Constitution and to register such alterations in INEC only for record and compliance. Nothing more!

“There is nowhere in the Nigerian Constitution that direct primaries or any other specific method of choosing candidates for elections by political parties is provided.

“It is the Law that an express mention of some things excludes all others not mentioned. In this instant case, there is no express mention of direct primaries in the Nigerian Constitution to warrant the exclusion of indirect primaries or other methods desirable by the majority of members of each political party.

“It is therefore constitutionally incorrect for the members of the National Assembly particularly those of APC who are now at war with their Governors over who picks and imposes candidates for elections, to attempt to impose direct primaries on APC, PDP, PRP and all other registered political parties.

“It is imperative for us to remind you and Nigerians that this is sadly how for sixteen years that PDP ruled Nigeria, it used its majority members in National Assembly to frequently amend the electoral Act just to resolve undemocratic behaviours of some of its leaders and or its internal crises which have nothing to do with the peace and harmony prevailing in other political parties.

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