By Fred Itua, Abuja
The recomitted Electoral Amendment Bill, which was passed by the two chambers of the National Assembly last Tuesday, may birth a new electoral law regime, if President Muhammadu Buhari assents to it in the coming days.
The Bill, which was first rejected in December, 2021 by President Buhari, elicited mixed reactions from political pundits and ordinary Nigerians.
While many situated the blame accordingly, others tackled Buhari, claiming that he was unwilling to conduct a transitional election that will be adjudged free and fair in 2023.
Buhari had while rejecting the Bill, told the lawmakers that the exclusion of indirect primaries from the existing Electoral Act, 2010, would be a big disservice to small political parties and incur more cost for the country’s political umpire, the Independent National Electoral Commission (INEC).
In its usual grandstanding, the Senate and the House of Representatives, threatened to override President Buhari’s veto, but chickened out eventually. Instead, they settled for a fresh work that reflected the concerns raised by President Buhari.
With the fresh exercise, Nigerians are patiently awaiting for the signing of the new draft, as issues are being raised on core areas the new amendment will affect. They’re also inquisitive to know how the new Bill, if signed into law, will revolutionalise electioneering processes in the country.
According to the new draft cited by Sunday Sun, there are two major additions to the existing electoral law – electronic voting and consensus in the choice of a candidate by political parties. There are other infinitesimal amendments, but the aforementioned two are central to the successful conduct of the 2023 general elections.
Electronic voting and transmission of results
Electronic voting and transmission of results, were key issues that gave rise to the rejection of the Electoral Amendment Bill, 2018, by President Muhammadu Buhari.
Buhari, in refusing to sign the Bill before the 2019 general elections, had said: “I am declining assent to the bill principally because I am concerned that passing a new electoral bill this far into the electoral process for the 2019 general elections, which commenced under the 2015 Electoral Act, could create some uncertainty about the applicable legislation to govern the process.
“Any real or apparent change to the rules this close to the election may provide an opportunity for disruption and confusion in respect of which law governs the electoral process.”
In the first version of the Amendment Bill passed last year by the Senate, lawmakers, predominantly elected on the platform of All Progressives Congress (APC), watered down the same electronic transmission of results. Following a public outcry, the decision was rescinded.
According to the proposed amendment passed by the two chambers, it reads: “Voting at an election under this Bill shall be in accordance with the procedure determined by the Commission (INEC), which may include electronic voting, provided that the Commission shall not transmit results of elections by electronic means.”
This is the main thrust of the entire amendment. If signed into law, stakeholders believe that this particular clause will redefine how elections are conducted in Nigeria. The process may likely be tested in Ekiti and Osun governorship elections coming later in the year.
Processes for conducting primaries and consensus
In the passed amendment last Tuesday, provisions which clearly define the mode of primaries for political parties were stated.
The amended Bill provides in clause 84 (2) that “The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or Consensus.”
It added in 84(3) that “A political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirant or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
On direct primaries in 84 (4), the amended version provides that “A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party and shall adopt the procedure outlined below:
“(a) In the case of Presidential Primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre at each ward of the Federation.
“(b) The procedure in paragraph (a) above of this subsection shall be adopted for direct primaries in respect of Gubernatorial, Senatorial, Federal and State Constituencies.
“(c) Special Conventions or Congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”
On indirect primaries, the bill provides under 84(5) that “A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below:
“(a) In the case of nominations to the position of Presidential candidate, the political party shall – (i) hold a Special Presidential Convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for aspirants of their choice.
“(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the Presidential primaries of the political party and that aspirant’s name shall be forwarded to the Commission as the candidate of the party.”
It further provides under 84(7) that “Where there is only one aspirant or a consensus candidate in a political party for any of the elective positions mentioned in subsection (5)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated Centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Independent National Electoral Commission as the candidate of the party.”
The Electoral Bill provides in 84(8) that “A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rule the procedure for the democratic election of delegates to vote at the convention, congress meeting.”
On Consensus candidate, the Bill in 84(9)(a) provides “A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.”
It goes further in paragraph (b) that “Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.”
The Bill states in paragraph (c) that, “A Special Convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”
President of the Senate, Ahmad Lawan, while explaining the importance of the amendments, expressed optimism that the bill would be signed into law when transmitted by the National Assembly to the President for his assent.
He warned that political parties that fail or refuse to abide by the provisions on the mode of primaries, would miss out on the opportunity to participate during elections.
He said: “On the mode of conducting primaries by parties to produce candidates, we have concluded our task on the amendment to the Electoral Act No. 6 2010 Bill. You would recall that the Senate and the House passed the Electoral Act amendment Bill with slight difference.
“While the House passed the mode of primaries to be direct and indirect only, the Senate passed the mode of primaries to be direct, indirect and consensus. What we have done is to give very clear and sufficient definition to each mode of primaries.
“The direct primaries is well defined on how it will be conducted; ditto the indirect primaries. And for the consensus, the two chambers have produced in this Bill, very clear definition of how a consensus candidate would emerge.
“Therefore, we are very glad that we have been able to achieve this consensus between the two chambers to arrive at this harmonized version, and we are also very optimistic that Mr. President will sign the bill.
“Our desire is to ensure that we reform the electoral processes in Nigeria for better transparency, accountability and Integrity to the satisfaction of Nigerians and the international community. Political parties, when this is signed into law, will have the responsibility of ensuring that they follow the law, otherwise they will end up missing the opportunity to participate in elections.