Ndubuisi Orji, Abuja 

In the aftermath of the 2019 general elections, the amendment of the Electoral Act has assumed the front burner in the polity, particularly in the House of Representatives.

Repeated efforts to amend the electoral act prior to the poll failed following the refusal of President Muhammadu Buhari to sign the 2010 Electoral Act Amendment Bill on three different occasions. While withholding assent to the electoral act amendment bill last December, the president had cited the proximity to the election as reason for his refusal to sign the bill.

After the elections, critical stakeholders have charged the National Assembly to revisit the Electoral Act Amendment Bill, possibly before the life of the current assembly elapses in June this year.

Apparently, in response to public opinion on the issue, the Senate a few weeks back reconsidered and passed the Electoral Act 2010 Amendment Bill afresh. The House of Representatives also considered it yesterday. It may go ahead to pass it this week and forward it again to the president for his assent.

However, beyond revisiting the Electoral Act Amendment Bill, pundits say it is equally imperative for the federal legislature to further amend the electoral act to block loopholes observed in the conduct of the 2019 elections.

Immediately  the National Assembly resumed plenary, members of the House of Representatives in what could be termed a post- mortem on the 2019 general elections, identified the spate of inconclusive elections as one of the challenges confronting the country’s electoral process and stressed  the need for the  lawmakers to further amend the electoral act to address the issue.

The clamour was triggered by a motion sponsored by Sunday Karimi on “the malady of inconclusive elections” in the country. Inconclusive polls are gradually becoming a regular feature in the country to the consternation of stakeholders.

Karimi in his lead debate, expressed displeasure  that the Independent National Electoral Commission (INEC ) is  relying on electoral guidelines that run counter to the Electoral Act and the 1999 Constitution (as amended), to declare polls inconclusive. He stated that, that amounts to a usurpation of the powers of the legislature.

“Prior to the 2015 governorship election in Kogi State, there were a few isolated cases of inconclusive elections and re-run in Nigeria, due to over-voting in some polling units and wards, and also due to non-voting in some wards. This was the case in Ekiti State in 2009, Anambra in 2010 and Imo in 2011. The escalating trend of inconclusive elections has cast a shadow on the neutrality of INEC as an umpire in the Nigerian election process.

“The frequency of cases of inconclusive elections in Nigeria has created in the electorate lack of confidence in the election process. The apprehension and deprivation caused by the rising cases of inconclusive elections in Nigeria are potential security risks in the country,” Karimi argued.

He noted that Section 153 of the Electoral Act gives INEC power to make regulations, guidelines and manuals for the conduct of elections in Nigeria and as a result, the commission issued the 2015 general election guidelines and the 2019 general elections guidelines, as subsidiary legislation to the Electoral Act.

“The March 9 elections, where 29 governorship elections were conducted, six of them – Sokoto, Benue, Bauchi, Kano, Plateau and Adamawa states – were declared inconclusive despite the leading candidates meeting the provisions of Section 179(2) of the 1999 Constitution (as amended), thereby causing apprehension, insecurity and eroding the confidence of the electorate in the commission,” he lamented.

The House Leader, Femi Gbajabiamila, in his contribution to the debate said it is obvious that the lawmakers, irrespective of party affiliation, are on the same page on the issue of inconclusive polls. He noted that the way out is an urgent amendment of the electoral act.

 “Once we agree that inconclusive election should be a thing of the past, let us set machinery in motion to amend the electoral law. The only way out is to amend our laws. We must begin to look at our laws quickly and begin to amend it.”

The chairman, House Committee on Public Procurement, Wole Oke concurs. He told Daily Sun that it is imperative for the House to revisit the electoral act amendment bill.

Oke, who represents Obokun/ Oriade Federal Constituency of Osun State, described the INEC Electoral Guidelines, where the electoral commission draws its power to declare poll inconclusive as a “monster,” noting that the parliament must urgently review the electoral act.

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“We need to revisit the electoral act, particularly the session that deals with the use of manual voting, margin of win against the number of voters in places where election are cancelled. To me it is a monster. This has caused the inconclusive elections we have had. It is a monster. Let’s look at it. The constitution stipulates the conditions a candidate should meet to be a governor. It is very clear. Have 25 percent votes in two third of the local government in the state and the majority of votes, and nothing more.  That monster created by INEC is unconstitutional. It should be strike down. And I expect the judiciary to do the needful,” the lawmaker stated.

 “Let me give you the analysis, INEC advertised that every Nigeria citizen should go and register and collect their Permanent Voter’s Card (PVC). Repeatedly, they printed posters, deployed electronic and print media to mobilise Nigerians to go and register and have their PVC.

You choose to register but refused pick the PVC. I picked the PVC. You and others refused to. Elections came, they gave notice, and you waived your right of not participating in the election.  There is a small margin of win between the winner and his opponent. And they are now saying that the margin is as a result of cancelled elections in a polling unit. They are now saying that those citizens that refused pick their voter’s card; that chose not to vote, that waived their voting right, should come into the equation. 

“What you are saying is that even those that voted deserve a second chance to have a change of heart. It is undemocratic. It is illegal. It is discriminatory. It should not stand. “

Analysts say it is imperative for the House to address the issue of inconclusive elections urgently, as well as treat other electoral related issues pending before it, before the 8th Assembly winds up next month.

 Daily Sun gathered that the other electoral act related bill before the House is the Sequence of Election Bill, as well as an investigation into the conduct of political parties’ primaries for the 2019 general elections, which the Green Chamber commenced late last year.

 The Sequence of Election Bill seeks to reorder the sequence of elections in the country, with the presidential poll coming last. The bill, which was introduced in the Green Chamber in the quarter of 2018, has been kept in abeyance after its first reading.

The chairman, House Committee on Media and Public Affairs, Abdulrasak Namdas told Daily Sun that the Green Chamber will give priority attention to all issues relating to all electoral related matters, taking into cognisance the challenges observed in the conduct of the 2019 polls, before the end of the 8th Assembly.

The House spokesman says in the event that the parliament cannot address all the issues relating to the further amendment of the electoral act before end of the 8th Assembly, it would pass them on to the 9th Assembly.

Namdas added that in as much as the 8th Assembly desires to bequeath a better electoral act to the country, it is imperative for Nigerians to understand that there is no need to rush the amendment of the electoral act.

The chairman, Partners For Electoral Reforms, a Civil Society Organisation (CSO) ,  Ezenwa Nwangwu says the legislature does not have the luxury of time to do anything meaningful about the electoral act, adding that the National Assembly is most likely to push further amendment of the electoral act to the 9th Assembly.

 “The reality is that right now, many of them are sulky. They are not likely to return. They are not feeling that they have any stake any more. Even when that was not the situation; watching the sessions on television, you constantly see vacant seats in the House of Representatives and the Senate,” Nwangwu said.

Pundits say, not minding the limited time at its disposal, the legislature can still make meaningful changes to the Electoral Act, if it wants to.

There is no doubt that  whatever the parliament does or fail to do regarding the issue of inconclusive elections and  the seemingly lack of internal democracy in political parties, and other lapses observed during the 2019 elections,  will make or break  the governorship  and other elections that would be conducted between now  and the 2023 general elections.

 Already, INEC is scheduled to hold governorship elections in seven states before the 2023 general elections. The states are Kogi, Bayelsa, Edo, Ondo, Anambra, Osun and Ekiti states.