Electoral Act: What clause 84(10) seeks to achieve – Hon. Babajimi Benson

By Christiana Ekpa

A member of the House of Representatives, and chairman of the House Committee on Defence, Hon. Babajimi Benson (APC. Lagos), has said that Clause 8(10) of the Electoral Act Amendment Bill, only seeks to create a level plain field for all aspirants during congresses and conventions.

Hon. Benson who stated this on Wednesday in a chat with journalists in his office, argued that the clause which seeks to act as a leveler, does not in any way undermine the rights of political appointees to hold office or participate in primaries or main elections.

According to him, the time frame given by the clause (three months) for appointees to resign from their positions before conventions or congresses is only meant to place every aspirants on the same pedestal, and not to stop them from contesting as being erroneously alleged in some sections of the public.

“Assuming without conceding that that’s what it says, section 84(10) that appointees must resign 3 months before primaries or convention, let’s say it’s geared towards stopping political office holders from contesting, there’s a section of the constitution which says that you shall resigned 30 days before the general elections. If that constitutional provision clashes with the electoral Act, which supersedes?

“So there’s no need to even worry about that clause if that’s the way they perceive it. But we are trying to do is that for a convention or a congress, you have statutory delegates. But a governor will go and appoint 1000 political appointees to participate in the Congress, who do you think will win? The governor will.

“So we are saying no, you can’t do that. Let’s have a fixed number, manageable number. Let’s give a fair chance to you, you and you, and not to the stooge or the preferred candidate of the governor. So that’s what that clause is trying to prevent. It is not trying to prevent political office holders from running. And I said even if does prevent political office holders from running, there’s a provision in the constitution that protects them,” lawmaker added.

Insinuations have been rife to the effects that state governors and ministers are lobbying the President against signing the Electoral Act Amendment Bill currently before him, using Clause 8(10) as a reason, in that it seeks to remove them or their political appointees from office even before their tenures were over.

Giving credence to the alleged lobbying by governors and powerful interests, the President has yet to append his signature to the Bill almost 4 weeks after it was retransmitted to him following the adjustment he pointed out must be made before he could sign it.