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The furore generated by the rejection of the 2021 Electoral Act Amendment Bill by President Muhammadu Buhari is understandable. Nigerians had waited with high expectations that the President would sign the bill into law. But he refused to give his assent. In a recent letter to the National Assembly, the President cited the direct primaries clause as his major reason for rejecting the bill.
According to him, direct primaries would be tasking, too expensive to execute, and would stretch the security agencies since it would engender large turnout of voters. He also said it would amount to violation of citizens’ rights and marginalisation of smaller parties.
In direct primaries, all party members participate in the selection of candidates for election. In indirect primaries, parties make use of delegates comprising leaders and members of the executives at the ward, local government and state levels to elect their candidates. The position of the President is that political parties should be allowed to choose their mode of primaries. Many Nigerians are suspicious that this may not be all there is to the rejection of this bill.
Initially, senators talked tough. About 73 of them had resolved to override the President but later soft-pedalled. Senate President, Ahmad Lawan, explained that they would take Buhari’s rejection of the bill to their constituencies during Christmas and New Year holidays. According to him, they will wait until January next year when a joint position would be reached with the House of Representatives to determine the next line of action.
The Electoral Act Amendment Bill, which seeks to repeal and re-enact the 2010 Electoral Act, has had a tortuous journey. In 2018, the 8th National Assembly passed it and presented it to the President three times for his assent. The first time it was presented to him in March 2018, President Buhari rejected it, saying the bill would usurp the powers of the Independent National Electoral Commission (INEC) to decide on electoral matters. He cited drafting issues as reason for not signing it the second time it was presented to him. The third time he declined to sign it, he said it was too close to the 2019 elections and could create some uncertainty about the legislation to govern the electoral process.
Even the current bill had been subjected to some manipulations. There were attempts by some elements in the National Assembly to insert some sinister clauses to achieve some ulterior motives. There were reports, for instance, that a particular clause sought to outlaw the transmission of election results by electronic means.
INEC had insisted that it had the capacity to transmit election results electronically. The Senate had no option but to give the electoral umpire the power to decide the mode of transmission of election results. Besides, suspicions are rife that Buhari doesn’t want to sign this bill so that the ruling All Progressives Congress (APC) will have the opportunity to have an upper hand in the 2023 elections. Championing this allegation are some opposition party elements who feel that given free and fair election, the APC will not return to power. This has, however, remained in the realm of speculation.
But we have to sound a note of caution here: Time is running out fast. President Buhari promised to bequeath a legacy of free and fair elections to Nigeria. Nigerians will hold him to his words. The best way to guarantee that free and fair election is to sign the amended Electoral Act bill.
It is imperative to note that the key issue in the bill is electronic transmission of election results. That is one masterstroke that will nip the evil of rigging in the bud. It worked in the November 6 governorship election in Anambra State. And if it is perfected for the 2023 general election, we will be saying goodbye to rigging.
No doubt, democracy is dynamic. For over 200 years, the United States (US) has been fine-tuning its laws. The same thing should be applicable to us. Every grey area in the bill must be ironed out now. We should be looking at the bigger picture of free and fair poll. Ultimately, the lawmakers are left with two options. One is to override the President by invoking section 58 (5) of the Constitution and pass the bill into law. All they need to do this is the resolution of a two-third majority of members. But can the current lawmakers challenge the President? We seriously doubt this.
The second option is to take a critical look at the direct primaries clause the President complained about, amend it and resend the bill for the President’s assent. Section 87 of the current Electoral Act provides for either direct or indirect primaries. This provision should be left as it is so that the decision on the mode of primaries will rest on political parties.
This is not a period for muscle flexing. What is required now is dialogue and maturity in handling the issue. The majority of Nigerians are not so much after direct or indirect primaries. What they are after is that electronic transmission of election results must be a clause in the Electoral Act. We cannot throw away the entire bill on account of direct primaries.
