Politics
Electoral Act Amendment Bill And 2023
By the pronouncement of the Independent National Electoral Commission (INEC), exactly one year from today, Nigerians will be going to the polls in the next round of general elections in the country.
Chairman of INEC, Prof, Mahmood Yakubu, stated this in April last year during a one-day Public Hearing on the National Electoral Offence Commission (Establishment) Bill 2021, organised by the Senate Committee on INEC in Abuja, indicating in the same breath however, that a timetable and schedule of activities for the 2023 general elections could only be made public after the legal framwork for the elections had become law.
“ By the principle established by the commission, the 2023 General Election will hold on Saturday, 18th February, 2023 which is exactly one year, nine months, two weeks and six days or 660 days from today.
“We hope to release the Timetable and schedule of Activities for the General Election immediately after the Anambra Governorship election scheduled to hold on 6th November, 2021.
“ In order to do so, there should be clarity and certainty about the electoral legal frame work to govern the election. We are confident that the National Assembly will do the needful in earnest, Prof. Yakubu said.
“As soon as it (the Electoral Act Amendment Bill) is signed into law, the Commission will quickly, release the timetable and schedule of activities for the 2023 general elections based in the new law’’, the INEC Chairman said in Abuji during the Commission’s first quarterly on January 18, 2022.
Speaking at the same event, the Chairman of Inter-Party Advisory Council (IPAC) and Chairman of Action Democratic Party (ADP), Yabagi Sani, lamented that a major impediment to the successful conduct of the 2023 general elections, is the lingering debacle between the executive and legislature on the fake of the electoral amendment bill.
While urging the President to sign the bill into law without further delay, the IPAC Chairman said ‘’We at IPAC are anticipating the emergence of an Electoral Act that will address among others, the lingering and fundamental issues relating to the legalisation of electronic accreditation of voters as well as the electronic transmission of election results; issues relating to substitution of candidates in the event of death in an election,; a redefinition of what amounts to over-voting; early release of funds to INEC; early commencement of campaigns by political parties and, the period that political parties are legally allowed to commence campaigns in the countdown to elections’’.
On December 30, 2021, President Muhammadu Buhari transmitted to the National Assembly a letter declining his assent to the Electoral Act Amendment Bill 2021 earlier delivered to him for his statutory endorsement. This was after he had sat on the bill until the very last of the 30 days provided him by law within which he was required to either append his signature or return the bill to the legislature.
According to President Buhari, the Electoral Act (Amendment ) Bill 2021, seeks to amend certain provisions of the extant Electoral Act 2010. Part of the objective of the Bill is the amendment of the present Section 87 of the Electoral Act 2010 to delete the provision for the conduct of indirect primaries in the nomination of party candidates such that party candidates can henceforth only emerge through direct primanies.
“ The conduct of direct primanies across the 8,809 wards across the length and breadth of the country will lead to a significant spike in cost of conducting primary elections by parties as well as increase in the cost of monitoring such election by INEC, who has to deploy monitors across these wards each time a party is to conduct direct primaries for the presidential, gubernatorial and legislative posts.
“ The addition of these costs with the already huge cost of conducting general elections will inevitably lead to huge financial burden on both the political parties, INEC and the economy in general at a time of dwindling revenues.’’
For this and attendant consequences, and sundry issues he identified, the president said, ‘’In the premise of the above, I hereby signify to the National Assembly that I am constrained to withhold assent to the Electoral Act (Amendment) Bill 2021 in line with the provisions of section 58(1,) and (4) of the 1999 constitution (as amended).
“ It is my considered position that the political parties should be allowed to freely exercise right of choice in deciding which of direct or indirect primaries to adopt in the conduct of their primary elections as their respective realities many permit.’’
In the circumstance, the National Assembly which has the power to either veto the president’s position or rework the bill in accordance with his observations and propositions succumbed to the latter as many Nigerians had thought they would do in line with their observed lack of courage to square up to the president on critical national issues.
On Monday, January 31, 2022, the Senior Special Assistant on National Assembly Matters (Senate), Senator Babajide Omoworare disclosed in a statement that ‘’The Clerk of the National Assembly, Mr Olatunde Amos Ojo has transmitted the authenticated copies of the Electoral Bill 2022 to the President of the Federal Republic of Nigeria, Muhammadu Buhari, GCFR, on 31st January, 2022’’.
The Presidential aide said ‘’ This was done in accordance with the constitution of the Federal Republic of Nigeria (as amended) and the Acts Autheritication Act cap Az LFN 2004’’, adding that ‘’ Mr President had withheld assent to the Electoral Bill 2021 transmitted to him on 19 November, 2021.
The Electoral Bill was thereafter reworked by the National Assembly and both the Senate and the House of Representation passed same on 25th January, 2022.’’
To the consternation and irritation of Nigerians, President Muhammadu Buhari is back to his characteristic hibernating on the bill as nearly three weeks after receiving the document, the only thing that has been heard from the Presidential quarters is that the chief executive of the cantry is consulting again.
Expressing his disappointment with the unfortunate situation, the Rivers State Governor, Chief Nyesom Wike, last Saturday in Yenagoa, Bayelsa State, noted with regret that President was being sentimental and biazenly partisan in his handing of the matter and urged him (president) to do the needful in the interest of all Nigeria.
“ Every time this government, this party will find an excuse of not signing an Electoral Act. In 2018 to 2019, when they inserted the card reader in Electoral Act Amendment Bill, Mr President said no, it is too early, I will not sign because they know if they had inserted it (card reader) in 2019 election, it would have been difficult for APC to win,’’ he said, arguing that ‘’ Now, we are in 2022, going for 2023, National Assembly, in their wisdom said there must be direct primaries by all the parties. Mr President came and said no, put options. National Assembly, in their wisdom, has amended the bill and agreed to what Mr President said. Now again Mr President said I’m in dilemma, I’m consulting.
‘‘What is he consulting about? That there is a clause that says if a minister or a commissioner wants to run for election, you have to resign, that is why up till now Mr Prersident cannot assent to the Electoral Act Amendment Bill?’’
Speaking at an event in Abuja last week, Prof. Attahiru Jega, former chairman of INEC, underlined the importance of a good law for the integrity of the electoral process, noting that ‘’We were in an unfortunate situation where a tendency had began to develop, where both the Executive and Legislature did not see the necessity of urgent improvement in the electoral of legal frameworks that we can keep up upscaling the integrity of our elections,’’ adding that ‘’ Luckily, now we have a good law arising from the reform process which commenced after the 2019 election.’’
Prof. Jega said though it was unfortunate that it had taken this long to amend, the bill is perhaps ‘’ the best electoral law in our history’’ and expressed the confidence that ‘’ It will certainty add tremendously value to the integrity of our elections henceforth when it is signed.’’
Last Monday, Governors elected under the People Democratic Party (PDP), at the end of their meeting in Yenagoa, Bayelsa State, urged President Buhari to sign the Bill without further delay.
In a communiqué read to journalists by the Vice Chairman of the PDP Governors’ Forum, Goernor Okezie Ikpeazu, governors under the main opposition party in the country said the president’s delay in assenting to the bill was a sign of unwillingness to provide Nigerians with a reformed electoral legal framework that could provide solutions to much of the challenges confronting our electoral system.
“Waiting to run out the 30 days is yet another sign of unwillingness by Mr President to give Nigeria a reformed electoral framework’’, they said, adding that ‘’If there are still misgivings on any aspect of the Bill, amendment may be introduced at a later stage’’.
For now the nation waits and critical electoral activities towards the 2023 general elections remain in limbo as President Muhammadu Buhari seems determined to fully enjoy another 30 days reverie before telling Nigerians whether or not he believes the 2023 general elections should take place under freerer, fairer and more credible atmosphere.
By: Opaka Dokubo
The state chairman of the party, Dr Babandi Gumel, disclosed this in a statement signed and made available to journalists on Saturday.
According to the statement, the Jigawa PDP received news of Alhaji Lamido’s suspension with “profound shock and disappointment”.
The statement added that the suspension, which was reportedly based on allegations that Alhaji Lamido attended meetings capable of undermining party unity, amounts to an affront to justice, internal democracy and the reconciliation efforts recently championed by the PDP leadership.
The party stressed that the exercise of legal and constitutional rights within the party should not be interpreted as an act of disunity. It recalled that Alhaji Lamido approached the court after he was allegedly denied the opportunity to purchase a nomination form to contest the position of National Chairman of the PDP.
The statement further noted that the Federal High Court in Abuja, presided over by Justice Peter Lifu, ruled in Alhaji Lamido’s favour by restraining the PDP from proceeding with its national convention until his right to contest was determined.
The Jigawa PDP argued that the suspension appeared to be a punitive action against Alhaji Lamido for seeking judicial redress over an issue on which the court had already found merit.
The party also faulted the decision of the BoT for contradicting recent public statements by its chairman, Senator Adolphus Wabara, who had emphasised reconciliation within the party, admitted past mistakes and appealed to aggrieved members to return fully to the PDP fold.
However, it maintained that suspending a founding member who sought justice through legal means runs contrary to the spirit of reconciliation and healing publicly advocated by the party leadership.
The chairman said the suspension was premature and prejudicial, as the matter remains before the courts. He also described Alhaji Lamido as one of the few founding fathers of the PDP who has remained loyal to the party without defecting, warning that punishing such loyalty sends a negative signal to other committed members.
The party further argued that the action undermines party unity at a time when the PDP requires cohesion to effectively challenge the ruling All Progressives Congress (APC). It also insisted that there is no provision in the PDP constitution that allows for the suspension of a “life member”.
The party called on the BoT to immediately and unconditionally withdraw the suspension of Alhaji Lamido.
It also demanded that the BoT publicly affirm the right of all party members to aspire to leadership positions in line with the party’s constitution and the laws of the country, without fear of victimisation.
It further urged the BoT to retrace its steps, align its actions with its reconciliation agenda, and tender an apology to Alhaji Lamido.
The Jigawa PDP reaffirmed its commitment to a united, democratic and law-abiding Party.
In a statement signed by its Executive Director, Comrade Auwal Musa Rafsanjani, CISLAC warned that if proven, such actions would amount to a serious breach of constitutional order, legislative integrity, and public trust.
The organisation noted that Nigeria’s law-making process is clearly defined by the Constitution, stressing that any alteration of a bill after parliamentary passage undermines democratic governance and the principle of separation of powers.
CISLAC further emphasised that taxation has direct implications for citizens, businesses, sub-national governments, and the overall economy. It stated that uncertainty or a lack of transparency in tax legislation could erode investor confidence and raise concerns about accountability and the possible abuse of executive power.
The organisation described the situation as particularly troubling given the rare inclusive, and thorough public consultation that shaped the law’s final provisions prior to its passage.
“This process brought together taxpayers, civil society groups, professional organisations, the private sector, labour unions, local governments, and technical experts, ensuring that diverse viewpoints were considered and carefully balanced.
“Any unilateral changes to these agreed-upon provisions, made outside the established legislative process and without renewed public engagement, not only breach public trust but also violate the fundamental tax principle of representation, which holds that citizens must have a meaningful voice in shaping the laws that govern how they are taxed. Such actions undermine democratic accountability, weaken the legitimacy of the tax system, and risk eroding public confidence”, it noted.
CISLAC expressed particular concern that uncertainty surrounding the authenticity of the tax law, coming at a time when a new tax regime is expected to take effect, could exacerbate the economic hardship already faced by many Nigerians.
It observed that citizens are contending with rising living costs, inflationary pressures, declining purchasing power, and reduced access to basic services, warning that implementing a disputed tax framework under such conditions, risks deepening inequality, discouraging compliance, and fuelling public resentment.
The organisation stressed that tax reforms must be anchored in clarity, legality, fairness, and social sensitivity, cautioning that any tax system introduced without full transparency, adequate public communication, and legislative certainty undermines voluntary compliance and weakens the social contract between the state and its citizens.
As part of its recommendations, CISLAC called on the Presidency to urgently publish the exact version of the tax law assented to, alongside the authenticated copy passed by the National Assembly, to allow for public and institutional verification.
It also urged the leadership of the National Assembly to promptly exercise its oversight powers to determine whether the assented law reflects the will of the legislature, including a review of the enrolled bill process.
The organisation maintained that any discrepancy discovered should be treated as unconstitutional and addressed through lawful means, such as the re-transmission of the correct bill or judicial interpretation where necessary. It further called for an independent review of the process by relevant institutions, including the Office of the Attorney-General of the Federation and, where required, the judiciary, to establish the facts and assign responsibility.
CISLAC noted that the controversy highlights the urgent need to strengthen safeguards at the legislative and executive interface. It recommended measures such as digital tracking of bills, public access to enrolled legislation, and more transparent assent procedures.
CISLAC emphasised that the issue is not about partisan politics but about safeguarding the integrity of Nigeria’s democratic institutions. It warned that allowing any arm of government to unilaterally alter laws passed by another sets a dangerous precedent and weakens constitutional democracy.
The organisation urged all parties involved to act with restraint, openness, and fidelity to the Constitution, noting that Nigerians deserve laws that reflect due process, the public interest, and the collective decisions of their elected representatives.
CISLAC added that it will continue to monitor developments and engage relevant stakeholders to promote accountability, transparency, and the rule of law in Nigeria’s governance processes.
