As 2021 ended a few days ago, one of its many challenges that have refused to terminate with the year is the controversy trailing the Electoral Amendment Act Bill, 2021, currently waiting to be overridden by the lower and upper legislative chambers of the National Assembly.
President Muhammadu Buhari had on December 21, 2021, returned the bill to the National Assembly, recounting some reasons which raised fresh squabble. Civil society organisations, academics, and stakeholders were split over the issue. The bill was as contentious as its amendments of the provisions that deal with electronic systems of transmitting election results, direct primary elections and card readers, among others.
The Electoral Amendment Act Bill, 2021, is an updated variation of the prevailing Act, which was last modified in 2010. After 11 years, Nigerians and the Independent National Electoral Commission (INEC) moved for its alteration following constant brazen election malpractices that imperil the very fabrics of Nigeria’s democracy in order to attain acceptable election results in the country.
Some federal lawmakers and governors demonised the document, notably because of the direct primary clause. For instance, during a second reading of the bill, Senator Smart Adeyemi, representing Kogi West and a member of the ruling All Progressives Congress (APC), argued that it would be financially too exorbitant for political parties to implement direct primaries. Many of his colleagues maintained that line of reasoning.
According to him, Nigeria was an impoverished country that should not be incurring election bills to a whooping sum of $586 million every four years and yet be allowing another humongous expenditure in the handling of party primaries. “The 2019 general election alone cost Nigeria over N189 billion compared to N122.8 billion, while political parties spent up to $2 billion on campaigns,” he said.
However, the Senate Minority Leader, Senator Enyinnaya Abaribe, who was despondent with the way the two provisions were considered, called for the division of the Red Chambers. Abaribe, whose stand was the opinion of the main opposition Peoples Democratic Party (PDP), contended that there would be no variation to the amendment if the contentious sections were not sustained.
The position of APC lawmakers on the direct election primaries and electronic transmission of results reflected that of APC governors who were shuttling Abuja to ensure that the controversial clauses were not sanctioned. But the House of Representatives, headed by Hon. Femi Gbajabiamila, passed the amendment bill into law with provisions for direct primaries and electronic channels of transmitting election results.
Those who were swift to read Buhari’s body language had earlier predicted that the Electoral Amendment Act Bill would not be assented to.  They include Governor Nyesom Wike of Rivers State and Chief Mike Ozekhome (SAN). Wike, like several critics, said Buhari did not assent to the proposed law owing to his worries over the electronic transmission of results clause.
The President declined assent to the bill, claiming that the imperative adoption of direct primaries for all political parties in the country would be extremely costly to accomplish and insisted that it would place a fiscal burden on the country’s slim resources. According to him, conducting direct primary elections would be tasking and stretch the security agencies beyond their limits.
Buhari also expressed fears that the proposed mandatory usage of direct primaries would amount to the infringement of citizens’ rights, lead to the marginalisation of younger political parties, and prompt more lawsuits by party members. To contain that, he said, political parties should decide the right way to pick their candidates for polls.
We consider that the reason adduced by the President for the rejection of the bill is grossly misleading and, accordingly, objectionable. Section 87 of the present Electoral Act provides for consensus, direct or indirect primaries. Recall that the APC used direct primaries for the emergence of its presidential and Lagos State governorship candidates in 2019. In other words, President Buhari is a recipient of this mode of election.
By spurning the bill on the ground that it provided for direct primaries, the President chose to throw away the baby and the bathwater. This also means that Buhari has rejected the electronic transmission of results, which he had endorsed when he recognised that he was a beneficiary of electronic accreditation of voters through card readers.
INEC submitted a bill of N305 billion for the entire 2023 general elections. So, who conjured the figure of N500 billion for the primaries to give the impression that it is an extravagant undertaking? The fear of insecurity is a red herring in that political parties have continued to have massive rallies even in defiance of COVID-19 restrictions imposed by the Federal Government.
Having refused to assent to the Electoral Amendment Bill in 2018 and 2021, President Buhari has proved beyond doubt that his administration will not permit INEC to conduct credible elections in 2023 and perhaps thereafter. That will be the dreadful legacy of the President and the ruling party that vigorously campaigned for electoral reforms before the 2015 general elections.
The task before the National Assembly is to invoke the provision of Section 58 (5) of the Constitution to pass the bill into law by the resolution of a two-third majority of the members. We hope that this bill sails through as we enjoin all stakeholders to make it happen for the advancement of our electoral process and the nourishment of our democracy.