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From Fred Itua, Abuja
Last Friday, President Muhammadu Buhari, shocked many naysayers and doubting ‘Thomases’, when he signed the 2022 Electoral Amendment Bill into law. The signing of the Bill into law, has now put to rest, almost seven years of endless battles between the Executive and the Legislature.
The President, as had been predicted, gave a caveat while signing the law. Like a father, dishing out instructions to his children, he instructed the President of the Senate, Ahmad Lawan and Speaker of the House of Representatives, Femi Gbajabiamila, to immediately amend certain grey areas of the new law, specifically Section 84.
Expectedly, work may commence on the amendment this week, as soon as lawmakers conclude work on the ongoing constitution amendment exercise. The President is also expected to send the proposed amendment to the two chambers this week.
Long road to new electoral law
In 2015, when Bukola Saraki was elected President of the Senate, against the wishes of the establishment of the ruling All Progressives Congress (APC), one of the key components of his agenda was to gift Nigerians a new electoral law. Though frantic efforts were made, President Buhari refused to sign series of amendments sent to him.
The crisis that followed the attempted amendment, almost derailed the 8th National Assembly. The infamous invasion of the National Assembly by armed thugs, allegedly led by the current Deputy President of the Senate, Ovie Omo-Agege, was a fall-out of an attempt to amend the 2010 Electoral Act.
The invasion occurred on the 18th of April, 2018, while plenary was ongoing. Former Deputy President of the Senate, Ike Ekweremadu, presided. There were claims that lawmakers had planned to override Buhari’s veto on that day. Barely an hour into the day’s business, thugs who accompanied Omo-Agege into the chamber, snatched the mace and made away with it under the watchful eyes of over 100 security agents.
Till date, no one fingered in the infamous invasion was tried. A report which was to be adopted by the two chambers of the National Assembly, was halted through a court order, secured by Omo-Agege. A year after the invasion, Omo-Agege was elected Deputy President of the Senate. Some pundits have claimed that his election was a reward for allegedly doing the bidding of some powers that be.
After three failed attempts to compel President Buhari to sign the Bill into law, Saraki-led Assembly ended without having the piece of legislation signed. The 2019 general elections were conducted without a new electoral regime. For many, it was a missed opportunity.
Controversies that engulfed new law
The two Bills that birthed the new electoral law, were sponsored separately by Omo-Agege and Uche Ekwunife in the Senate. For over two years, one clause derailed its passage into law- electronic transmission of results. Lawmakers, predominantly elected on the platform of APC, opposed that particular clause. Whereas their counterparts in the House of Representatives, passed it without any fuss.
The rejection of electronic transmission of results, sparked a nationwide outcry, with many Nigerians threatening to vote out senators who supported the move. Surprisingly, the Senate, after its long annual recess, made a U-turn and included the clause.
The second leg of the controversy that almost frustrated the passage of the Bill, was the removal of indirect primaries by political parties. Despite repeated appeals by Nigerians, lawmakers from the two chambers refused to shift grounds. This particular move was spearheaded by the Speaker of the House of Representatives, Gbajabiamila.
Lawmakers’ refusal to heed the call, led to the rejection of the first Bill passed by President Buhari. He cited many acceptable reasons why he couldn’t sign the Bill. For the first time, Nigerians agreed with him and chided the National Assembly.
After series of meetings between the leadership of the National Assembly and President Buhari, indirect primaries were restored in the new document signed by the President.
Key components of the new law
The new legal framework for the country’s elections, contains key provisions aimed at improving the quality and credibility of elections and addresses certain deficiencies in the previous Electoral Act.
Section 29(1) stipulates that parties must conduct primaries and submit their list of candidates at least 180 days before the general elections.
Section 65 states that INEC can review results declared under duress.
Section 3(3) states that funds for general elections must be released at least one year before the election.
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Section 51 says that the total number of accredited voters will become a factor in determining over-voting at election tribunals.
Section 54(2) makes provisions for people with disabilities and special needs.
Section 47 gives legislative backing for smart card readers and any other voter accreditation technology that the Independent National Electoral Commission (INEC) deploy.
Section 34 gives political parties power to conduct a primary election to replace a candidate who died during an election.
Section 50 gives INEC the legal backing for electronic transmission of election results.
Section 94 allows for early commencement of the campaign season. By this provision, the campaign season will now start 150 days to the election day and end 24 hours before the election.
Section 84 stipulates that anyone holding a political office – ministers, commissioners, special advisers and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
Fresh battle returns to NASS
Despite signing the Electoral Amendment Bill into law, the worst maybe far from over for President Buhari, as members of the National Assembly return to the trenches to amend some sections of the new law.
Section 84(12) of the new law deals with political appointees. It disqualifies political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election.
Lawmakers are expected to take a position on the expected amendment in another two weeks, when they round off the ongoing constitution review exercise, expected to take centre stage next week.
Senators react
Senate spokesman, Ajibola Bashir, in a statement, said the new law has provided a legislative framework for the conduct of elections in Nigeria. Basiru said the amendments cover such areas as conduct of primaries, campaign expenses, use of technological devices in elections, electronic transmission of results, review of results declared by electoral officers under duress.
He stated that the Senate has taken notice of Section 84(12) of the Act, especially the concerns raised by the President, and assured Nigerians that the National Assembly will give the section the desired legislative attention.
Former Deputy President of the Senate, Ike Ekweremadu, said the signing into law of the Electoral Act Repeal and Re-enactment Bill, is a quantum leap for the nation’s democracy.
Ekweremadu, who described the journey to the new electoral law as “quite frustrating”, however poured encomiums on the civil society, media, and Nigerians for standing up for the nation’s democracy.
“I’ve been part of the nation’s electoral reform for over the 10 years, but I must confess that the journey to the new Electoral Act was by far the most frustrating. After the major electoral reform of 2010 that also involved amendments to the 1999 Constitution to, among others, open the doors to technology in our electoral system, check some executive excesses, manipulations by political parties, and straighten the Independent National Electoral Commission (INEC) through financial and administrative autonomy, our expectation after amendments to the Electoral Act in 2015 was that the new administration would support the National Assembly to further straighten our electoral laws and system.
“Unfortunately, four times, the amendments were turned down in the 8th National Assembly, apparently thwarted by narrow, partisan interests and ambitions.
“The efforts in the current National Assembly also faced similar challenges, but it is heart-warming that it has finally materialised with the presidential assent.
“Certainly, we didn’t get all we pushed for in the new law, but it is nevertheless a quantum leap for our electoral system and I congratulate all, who played a part in it.
“With the electronic transmission of election results, early primary elections, and adequate time for INEC to prepare for elections, among other breakthroughs, our elections will never be the same again and more Nigerians will be encouraged to exercise their franchise, knowing that their votes will now count.”
