The Attorney-General of the Federation, Abubakar Malami; the Minister of Transportation, Rotimi Amaechi; the Minister of Labour and Employment, Chris Ngige; and other political appointees believed to interested in elective offices will not be able to participate in the All Progressives Congress primaries expected to begin in May unless they resign.
This is the state of things following the rejection of the Electoral Act Amendment Bill by the Senate on Wednesday.
However, elected officers including governors, deputy governors, the Vice-President and members of the National Assembly and the state legislature will be allowed to contest and participate in the primaries.
The President, Major General Muhammadu Buhari, while signing the bill into law last month, called on the National Assembly to amend Section 84 of the Electoral Act which bars political appointees from voting at any convention, congress or primary of any political party. He subsequently sent a bill to the National Assembly to that effect.
Section 84(10) of the Act specifically 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.”
It further states that where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
Buhari had subsequently asked the National Assembly to amend the bill, arguing that it was at variance with the constitution.
But the Senate, on Wednesday, unanimously rejected the President’s amendment proposal.
The executive bill failed to pass when President of the Senate, Ahmad Lawan, put the motion for its adoption for second reading to a voice vote.
After the Majority Leader, Yahaya Abdullahi, moved the motion for the bill to be read a second time, Senator Adamu Aliero had urged the Senate to step down amendment of the Electoral Act.
Raising a point of order, Aliero made reference to the provision of Rule 52(5) of the Standing Orders of the Senate.
Order 52(5) provides that, ‘Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.’
Aliero, therefore, advised the Senate to step down consideration of the bill pending the vacation of the ruling by a Federal High Court in Abuja on Monday.
The senator pointed out that going ahead with the process would be sub judice.
Lawan, while ruling on Aliero’s point of order, insisted that the move by the Senate to amend the Act was to exercise the constitutional duties of the legislature.
