A former Chairman, Project Development Agency (PRODA) Enugu, Daniel Onjeh has chided National Assembly for retaining Clause 84 of Electoral Act which prohibits government appointees from contesting elective offices.
Onjeh, while speaking with the News Agency of Nigeria (NAN) on Sunday in Abuja, said the clause was contrary to the provisions of 1999 Constitution.
This, he said, was especially because it restricted the right of individuals to freely participate in political association and party activities like Congresses and Conventions as guaranteed by the Constitution.
“Clause 84(10) of the Electoral Act, Amendment Bill which is now Section 84(10) of the Electoral Act, Amendment, Act, 2022 generally restricts political appointees at any level from voting or be voted for at the party Congress or Convention.
“The implication is that a political appointee is disqualified or has his right to contest an election in Nigeria restricted by virtue of being an appointee.
“The clause disqualifies him from participating in his party’s primary; the only process through which he could emerge to contest an election as a member of a political party,” he said.
Onjeh said it restricted and limited the aspiration and right of political appointees who may want to seek election into elective offices as guaranteed by the 1999 Constitution.
He said that the clause was not consistent with the provisions of Section 40, Section 42, Section 65(1), Section 106, Section 131, Section 177 and Section 187 of the 1999 Constitution.
Onjeh said that the rights guaranteed under Section 40 of the 1999 Constitution, included the right to vote or be voted for in a political party’s congresses, convention and primaries.
This, he said, was with a view to seeking election into party office or public elective office, depending on the interest a citizen may choose to pursue or protect.
He said that the section also provided that every person shall be entitled to assemble freely and associate with other persons and may form or belong to any political party, trade union or other associations for the protection of his interest.
“The above right, without doubt, includes the right to participate in the activities of a political party like congress, convention or primaries, organised by such political party a citizen may choose to belong.
“The right also includes the right to seek a party nomination to contest for election into elective offices created under the Constitution or any other law,” he said.
He said that if the clause was allowed to stay, many Nigerians holding political appointments and eligible to contest elections would have their rights to participate in political association and party activities like Congresses and Conventions curtailed.
He said their rights to seek elective offices would also be restricted and totally curtailed if the clause was allowed to stay.
He said that any law that inhibits; restrict or curtail the right to vote and be voted for in a party’s congress or convention with a view to realising or protecting a political interest, guaranteed by Section 40 of the Constitution was inconsistent.
Onjeh, a former student union activist, said that such law was against the spirit, intention and letter of Section 40 of the Constitution and was undemocratic.
He said that any law, Federal or State that was inconsistent or that restricted or limited the enjoyment of a right guaranteed by the Constitution was unconditional.
“I am therefore challenging the clause in the Electoral Act Amendment Act 2022 that says government appointees must resign their positions before contesting elective office.
“Am asking the court to delete it from the electoral Act because it is not consistent with the electoral Act, it is undemocratic and contrary to civilized practices.
“The law does not even give a time frame within which such political appointee can withdraw from the appointment in order to make them eligible to seek their party nomination to contest for public elective or party office,”Onjeh said.
(NAN)