New Electoral Act: Time To Act

Within days of the passage of the 2021 Electoral (amendment) Bill by the National Assembly, it became immediately discernible that the Presidency was not predisposed to the provision making it obligatory for political parties to determine their candidates only through direct primaries. What followed, however, was the outsourcing of responsibility rather than an endeavour to find a remedy.
It was at first recounted that the President had written to the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, for his counsel. And then the Attorney General of the Federation and Justice Minister,  Abubakar Malami, SAN, or his agents revealed a memo he transmitted to the President, imploring him to decline assent.
If those actions were made up to sequestrate the President, Muhammadu Buhari, from the decision he conclusively made, they were unsavoury or forlorn. At the very least, they made him look doddering and the decision-making process at the highest level of government in this country somewhat indiscreet.
By withholding assent to the Electoral Act (amendment) Bill, Buhari had brandished his veto power, an effective apparatus that usually blocks innovation in Nigeria rather than offer practical leadership on very significant matters. Sadly, this is the fifth time Buhari has frustrated the move to amend the Electoral Act, notwithstanding the platitudes about election candour.
If Buhari were better served, the dummy amendment would not have been introduced in the first place. Section 87 of the Electoral Act 2010 (as amended) already contains both direct and indirect primaries, leaving the option for the parties. What the House of Representatives merely did was eliminate the term “indirect”, making it mandatory that party candidates be designated by direct primaries.
However, the Senate never considered it needful to amend the provision in its version and did not concur to it until after the harmonisation conference between both legislative chambers. So, all the dissension being crusaded by the Presidency could painlessly have been conciliated at the point when the joint committee of the two legislative houses was rounding off on the bill.
Given that the current leadership of the National Assembly works closely with the Presidency, it was thought that a consensus could have been reached before the bill was passed. And the veto that dangerously threatens other provisions critical to the translucency of elections in the country would not have been required.
For a man who assumed office on the robust emplacement of technology in the electoral process, it is tough to stick up for President Buhari and the cold-hearted manner he has dealt with the Electoral Act. On four occasions in 2018, the President scandalously denied assent to new alterations.
At that time, the insinuation was that he and his party felt ill at ease with certain provisions, such as the instantaneous conveyance of voting results from polling units to collation centres and authorisation for INEC to utilise full biometric accreditation of voters with smart card readers and other technological devices.
Now, again, Buhari has embargoed the amendment bill as submitted by the National Assembly on November 19, 2021, taking us back, all of a sudden, to 2018 when he held back assent to the Electoral Act (amendment) Bill because the nation lacked the luxury of time to enable relevant institutions to implement the reforms.
Thankfully, the federal legislature has re-worked, for a second time, the bill to include provisions, which expressly mark out the manner of primaries for political parties. While the Senate re-amended the Act, approving direct, indirect primaries or consensus for political parties in selecting their candidates, the House adopted only the direct or indirect and left out the consensus method. The lower house eventually bowed to the Senate in favour of a consensus model.
Having harmonised and passed both versions of the bill into law, we impel the National Assembly to forward the amended legislation to the President for assent without further delay to enable INEC to quickly publish the timetable and itinerary of activities for the 2023 general elections based on the amended law. Since Buhari has evidenced keenness to assent to the bill if the belligerent direct primary clause was withdrawn, he should deliver on his promise.
In January 2019, at the embarkation of the All Progressives Congress (APC) presidential campaign council in Abuja, Buhari had guaranteed to leave a patrimony of credible elections, describing the same as the cornerstone of political stability and peace in any nation. Indeed, the President’s search for an enduring legacy promptly finds one in the Electoral Act (amendment) Bill.
No well-intentioned politician should be apprehensive of electronic transmission of results or people’s involvement in a democracy that is all about openness and a verisimilar process. The last American presidential election was an excellent illustration of electronic transmission of results that gave real-time instant results and to the knowledge of all, without occasion for behind-the-scenes manipulation of result sheets or its hijack on the road.
The burden is, therefore, on Mr President to turn down the self-serving arguments of scoundrels in his party and elsewhere against the Electoral Act (amendment) Bill, sign it into law and write his name in gold. That way, he would have instituted one of his endowments and effected his commitment to free, fair and credible elections in 2023.