Constitutionality of Section 84(12) as argued by President Buhari | The Guardian Nigeria News - Nigeria and World News

To the excitement of all and sundry, especially to those patriotic Nigerians that desire a sound electoral legal framework for our fledging democracy, the assent of the President of the Amended Electoral Bill was a welcome development and was greeted with wide applause. The truth of the matter is that Nigerians will never get it right with leadership if the electoral legal framework remains archaic and bereft of principles that ensure that the votes of the majority count.

Sound and welcome development, you will agree with me. However, the President after much persuasion decided to assent to the bill but with a caveat that the National Assembly should ensure that Section 84 of the Act be amended as its provision offends the express provision of the constitution pertaining to the rights of certain political class to associate and participate in the political system in the country.

We had felt that President Buhari’s complaints and delay in signing the bill was a delay too many and that he should just sign the bill and let us move on as a nation. Recall that the first time the bill was passed and brought to President Buhari, he refused assent citing the provision on party primaries as his reason. Tempers grew and voices were raised against the decline. The bill when returned was amended to reflect the wish of the President.

A careful perusal of the Act reveals a sinister motive meant to pave the way for the “elected office holders” to have an undue advantage over and above every other political office aspirant in Nigeria. This is pure evil and should not be allowed to stand. This Section really offends the provision on the fundamental right against Discrimination.

The summary of the above provision is that it will amount to violation of right against discrimination if someone is denied a right or position that another person of his class or group is allowed to enjoy.

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