By Igho Akeregha, Ben Ogbemudia, David Lawani, (Abuja) and Paul Onwude, (Kaduna)
The Senate yesterday deleted the controversial Clause 84 of the Electoral Act (Amendment) Bill 2021 which only provides for direct primary mode for political parties to produce their candidates.
The Upper chamber of the National Assembly, however, introduced a new clause stipulating conditions that must be met for any political party opting for the indirect primary.
The decision of the senate followed the re-committal of the Bill by the Senate Leader, Yahaya Abdullahi, at plenary yesterday.
According to Abdullahi, the concern of President Muhammadu Buhari on the Bill was the provision of only the direct primary for political parties in choosing their candidates.
By deleting clause 84 of the Electoral Act (Amendment) Bill 2021, political parties now have three options of choosing their candidates for elections.
The new options proposed in the new legislation are direct, indirect, and consensus methods of selecting candidates by political parties.
Senate President, Ahmad Lawan, who clarified the position of the senate, said the red chamber will clean up the bill to include the new options.
The last quarter of 2021 witnessed tension as many Nigerians who expected the president to assent to the law became furious when the November 19, 2021 deadline stipulated by law elapsed.
There was no communication from the president until December 21, 2021, when the Senate officially received and read the president’s communication rejecting the electoral bill.
Buhari’s letter, which was read on the floor of the Senate on 21 December 2021, was dated December 13, 2021. This had raised questions on the sincerity of both the executive and the legislature on the new electoral legal framework many said will help the country’s electoral process and credibility.
Accordingly, the chamber in Clause 84(2) of the report approved direct, indirect primaries or consensus as to the procedure for the nomination of candidates by political parties for the various elective positions.
It also yesterday approved the recommended Clause 84(3) 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.”
Clause 84(4) further provides 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 a presidential candidate, a political party shall, (i) hold special conventions in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at designated centres in each state capital on specified dates. “The clause provides that a National Convention shall be held for the ratification of the candidate with the highest number of votes.
Electoral Act: Direct primaries aimed at strengthening our democracy – Gbajabiamila
The senate leader, in his presentation, recalled that President Muhammadu Buhari had signified withholding his assent on the Electoral Act No. 6 2010 (Repeal and Re-enactment) Bill, 2021, which was passed by the National Assembly and forwarded to the president on Thursday, 18th November 2021.
Abdullahi noted that the rationale for withholding assent bordered on his observation in Clause 84.
Buhari in the letter dated December 13, 2021, and addressed to the Senate President, Ahmad Lawan, had explained that his decision to withhold assent to the electoral bill was informed by advice from relevant Ministries, Departments, and Agencies (MDAs) of the government after a thorough review.
According to the President, signing the bill into law would have serious adverse legal, financial, economic, and security consequences on the country, particularly given Nigeria’s peculiarities.
He added that it would also impact negatively the rights of citizens to participate in government as constitutionally ensured.
Abdullahi, however, explained that the motion for re-committal of the bill to the Committee, on the Whole, was against the backdrop of the “need to address the observation by Mr President/C-in-C, and make necessary amendment following Order 87(c) of the Senate Standing Orders, 2022 (as amended); and relying on order 1(b) and 52(6) of the Senate Standing Orders, 2022 (as amended).”
Accordingly, the chamber rescinded its decision on the affected Clause of the Bill as passed and recommit same to the Committee of the Whole for consideration and passage.
•Mixed reactions from CSOs, other Nigerians
Already, some civil society groups and politicians have been reacting to the passage of the bill by the senate.
Trustee of the Legal Awareness for Nigeria Women, aka, LEADS-Nigeria, Mrs Rebecca Sako-John, said “It is a good development. It means the Senate, and indeed, the National Assembly is sensitive to the yearnings of Nigerians.”
She noted that the new bill provides room for inclusion since it allows the political parties to choose which mode of the primary election is suitable for them.
Sako-John, however, urged the National Assembly to ensure the law is implemented to the fullest through its oversight responsibility.
Executive Director of the Civil Society Legislative Advocacy Centre (CSLAC), Awwal Musa Rafsanjani, observed that the inclusion of consensus candidates in the amended bill is unacceptable.
He said this will give room for political parties to impose candidates on Nigeria. He describes it as “undemocratic and limiting party members’ choices”. He called on the conference committee of the National Assembly to reject that provision and recommend direct primaries.
However, the Chairman of Buhari Media Organisations (BMO), Niyi Akinsiju, described the passage of the bill as the most reasonable step to take by the NASS after it deleted the clause making it mandatory for political parties to choose a preferred mode of primaries for all political parties.
Electoral Act: Senate dumps Direct Primaries clause
According to him, “it is democracy in action by not restricting political parties to a single mode, instead of opening the space for political parties to freely decide and which also create room for free participation by members of parties as it is allowed in multiparty democracy.”
He further noted that though Nigerians are conscious of the abuse of indirect primaries by political godfathers, legislating a single mode of the primary election is not the solution to the manipulation of the process.
The member representing Owan Federal Constituency in the House of Representatives and Chairman, House Committee on Basic Education (UBEC), Prof. Julius Ihonvbere, stated that as a democrat, he believes in political parties having the right to decide which method of conducting primaries is suitable to them.
He, however, warned that the clause should not be used to stampede the NASS from addressing other crucial issues in the amended electoral bill, which he says, is germane to the success of the forthcoming general elections in 2023.
Another member of the House, Oluyemi Taiwo, representing Ibarapa/Iddo federal constituency, said the House of Representatives accepted direct and indirect primary, leaving the option for the political parties to choose the pattern to adopt.
Senator Obinna Ogba, representing Ebonyi Central senatorial district, disclosed that the president complained of a particular aspect, “and we have worked on it today, so, the needful should be done immediately he receives the bill from the national assembly.”
He explained that there are just a few days left to meet up with these arrangements.
Ogba added that the National Assembly is ready to set up a harmonisation committee to put things right between the two chambers.
The new document will now be transmitted to the president this week for his assent as the Independent National Electoral Commission (INEC) had on Tuesday maintained that it was delaying the release of the electoral timetable because of the Electoral Act Amendment Bill 2021.
Meanwhile, a civil society group, Adopt a Goal for Development Initiative, yesterday raised the alarm that there is a fresh plot to scuttle the amended electoral bill passed by the senate.
It claimed that the Speaker of the House of Representatives, Mr Femi Gbajabiamila is creating another gap for disagreement and delay to scuttle passage of the law.
A statement by Executive Director of the group, Ariyo-Dare Atoye, said: “We wish to urgently call the attention of Nigerians and our international partners on electoral matters to another plot by the Speaker of the House of Representatives to unnecessarily prolong the passage of the Electoral Act bill.”
