This is where things stand following the Senate’s rejection of the Electoral Act Amendment Bill on Wednesday.

However, elected officials like governors, deputy governors, the Vice President, and members of the National Assembly and state legislatures will be permitted to run in and participate in the primaries.

President 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 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 the issue.

Buhari had subsequently asked the National Assembly to amend the bill, arguing that it was at variance with the constitution.

However, the Senate overwhelmingly rejected the President’s amendment proposal on Wednesday.

When President of the Senate, Ahmad Lawan, submitted the motion for the executive bill’s adoption for a second reading to a voice vote, it failed to pass.

Senator Adamu Aliero requested the Senate to stop amending the Electoral Act after the Majority Leader, Yahaya Abdullahi, made the motion for the bill to be read a second time.

Aliero, in raising a point of order, referred to 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.

After Abdullahi led the debate on the bill, the Minority Leader, Senator Enyinnaya Abaribe opposed the proposed deletion of Section 84(12) of the Act.

Abaribe said, “There are certain things that we see which we think we don’t even have to come here to debate. One of those things is the fact that in every democracy, all over the world, there are certain rules which we don’t need to be told about. One of those rules is the fact that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.”

Also, Senator Smart Adeyemi opposed consideration of the bill saying, “Indeed, it is a settled matter in law that you cannot be a judge over you own case.”

Adeyemi added, “In any election, where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.

“Therefore, I disagree with all the arguments on the need to consider a decision that has already been settled.”

Efforts by the Deputy President of the Senate, Ovie Omo-Agege, to sway the opinion of the lawmakers were unsuccessful as the senators voted overwhelmingly against the bill.

The development swiftly became a trending topic on social media as many Nigerians described it as “the beginning of the end” of Malami’s political ambition.

Attempts to get a response from the AGF’s Office proved abortive as his Media Adviser, Umar Gwandu, did not respond to an inquiry.

The National Assembly is divided over a Federal High Court judgment in Abuja that prohibits Buhari, the Minister of Justice and Attorney-General of the Federation, and the legislature from altering the Electoral Act 2022.

The Senate had persisted on considering President Muhammadu Buhari’s request that the federal parliament amends the constitution Section 84(14) of the new election legislation, but the House of Representatives declared it would follow the court’s orders.

While speaking to media on Tuesday, House Committee on Media and Public Affairs Chairman Benjamin Kalu stated that the chamber would obey the Rule of Law principle.