Omo-Agege’s Bill To Amend Electoral Act To Allow President, Others Participate In Party Primary Passes 3rd Reading

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Less than two weeks to the commencement of political parties’ primaries for the 2023 election, the Senate has considered and passed a bill seeking to amend Section 84(8) of the Electoral Act.

This ammendment will allow Statutory Delegates, including the President, Vice President, State and National Assembly members, Governors and their deputies, Chairmen of Councils, Councillors, National Working Committee of political parties, Chairmen and Vice Chairmen of political parties amongst others, to exercise their franchise in congresses, conventions and other meetings of political parties.

The Bill titled “A Bill for An Act to Amend the 2022 Electoral Act No. 13 and for other Related Matters, 2022 (SB 1002),” was sponsored by the Deputy President of the Senate, Senator Ovie Omo-Agege (APC, Delta Central).

In a release signed by the Special Adviser to the Deputy President of the Senate on Media and Publicity, Mr. Yomi Odunuga, it stated that the “Senate on Tuesday altered the Electoral Act to provide for the participation of statutory delegates in the conventions, congresses or meetings of political parties in Nigeria.”

According to the release, “the expeditious consideration followed the suspension of relevant Senate Rules to pave the way for the First, Second and Third Reading of the bill same day”, describing the Statutory delegates to “include the President, Vice President, State and National Assembly members, Governors and their deputies, Chairmen of Councils, Councillors, National Working Committee of political parties, Chairmen and Vice Chairmen of political parties amongst others.”

While leading the debate on the floor of the Senate, Senator Omo-Agege explained that the amendment became necessary to correct an “unintended error” in the Electoral Act as signed by President Muhammadu Buhari, adding that the Electoral Act as it is now does not empower statutory delegates to participate in political parties conventions, congresses and other political meetings.

“As couched, Section 84(8) of the Electoral Act, 2022 does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.

“The extant subsection only clearly provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates of political parties. This is an unintended error, and we can only correct it with this amendment now before us,” Omo-Agege said.

Explaining that the intendment of the amendment, Senator Uche Ekwunife (PDP, Anambra Central) who seconded the motion, said that “it would ensure that statutory delegates were not disenfranchised in the primaries of political parties to elect candidates for the 2023 General Election.”

Having sailed through the first and second reading, the Bill, the Senate Leader, Yahaya Abdullahi (APC, Kebbi North) moved for the suspension of the relevant Senate State Order for a clause-by-clause consideration of the proposed piece of legislation by the Committee of the Whole.

Speaking after the approval, the Senate President, Senator Ahmad Lawan said that the expeditious action of the chamber was to ensure that the statutory delegates “are not disenfranchised in the forthcoming primaries of the political parties”, adding that as soon as the processes are concluded in both chambers, the bill would be transmitted to the Executive for assent within the week.

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