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 Tide source reports that Prof. Akinoso was elected alongside 38 other executive members of the party at the congress held on Saturday.
Other executive members are Dr Abiola Olaonipekun, who emerged as Secretary, Alhaja Latifah Latifu, Women Leader and Mr A. Adeleke, elected as Youth Leader.
It was learnt that the congress, which took place at the Obafemi Awolowo Stadium, Oke Ado in Ibadan, was attended by representatives of the Independent National Electoral Commission (INEC), the Police, other security agencies and prominent members of the party.
The election was supervised by electoral committee members, among whom were Prince Diran Odeyemi, who served as Chairman, Hon. Awoniyi Tolulope, Mr Babatunde Gbadamosi, Queen Stepheine Oyechere, Alhaji Yusuf Abidakun, Mr Olumide Aguda and Dr Phillips Adeniyi, who served as Secretary.
Prof. Akinoso, in his inaugural address, urged members of the party to set aside intra-party differences.
He advised them to concentrate their resources on the promotion of the party, saying, “The primary responsibilities of party executive members are to coordinate party activities, ensure harmony among members, and ensure party victory during general elections.
“Our immediate assignments are to key into INEC released 2027 general election time-tables. As directed by the National Caretaker Committee of PDP, our party e-membership registration starts next week. We must be fully involved and do a membership drive.
“A political party is only relevant and benefits its members if it wins the election. This is our goal. We should set aside intra-party differences; concentrate our resources towards the promotion of the party. We will make necessary consultations and dialogue to actualise this”.
President Tinubu disclosed this during an interfaith breaking of fast with senior journalists and media executives at the Presidential Villa in Abuja on Saturday.
He also disclosed that his administration had opened up on the principles of true federalism to the extent that local governments now get direct allocation from the Federal Government.
“There’s no morning that I ever leave my house without going through the newspapers. It’s an addiction. I read all of you.
“It might not be in full detail, but headline, the one that would hit me and the ones that won’t.
“At the beginning of this administration, I was just a little bit stubborn, looking at opportunities to correct things and make life more easier for the downtrodden.
“We’ve opened up the principle of federalism to the extent that local governments are now getting their money, but how they use it is in your hands. So, don’t bombard me alone,” President Tinubu said.
The ruling party said the ADC had turned criticism of the APC-led administration into its operating manifesto instead of presenting concrete solutions to Nigeria’s economic challenges.
In a statement issued on Saturday by the APC National Publicity Secretary, Mr Felix Morka, the party dismissed the ADC’s interpretation of a report presented at a policy dialogue organised by Agora Policy which suggested that the country’s poverty rate had risen from 49 per cent to 63 per cent.
Mr Morka said the opposition party’s reaction to the report as a “damning verdict” on the government’s economic policies reflected either ignorance of economic realities or deliberate political mischief.
“The African Democratic Congress’ attempt to spin a recent report presented at the Agora Policy dialogue indicating a rise of poverty rate of 63 per cent from 49 per cent as a damning verdict on this administration’s economic policies speaks either to its shocking ignorance of economic policy or its wilful blindness to the justification for, and transformative impacts of, ongoing economic reforms,” he said.
The APC spokesman noted that the report itself recognised the necessity of reforms aimed at correcting long-standing structural distortions in the economy.
According to him, the ADC had failed to present any credible alternative policy direction for Nigerians.
“Clearly, the ADC does not recognise itself as a political party. The ADC has not articulated a single alternative policy position or prescription of benefit to Nigerians. Condemning the APC and its policies has become its operating manifesto,” Mr Morka said.
He explained that major economic decisions taken by President Bola Tinubu, including the removal of fuel subsidy and the unification of multiple foreign exchange windows, were necessary steps to rescue the country’s economy from collapse.
Mr Morka said the subsidy regime had for years placed a heavy burden on public finances, consuming trillions of naira annually while encouraging corruption, fuel smuggling and inefficiencies in the system.
He added that the reforms had helped redirect national resources to key sectors such as infrastructure, healthcare, education and social development.
The APC spokesman acknowledged that economic reforms often come with short-term hardship but stressed that the measures were essential to build a stronger and more resilient economy.
“Economic reform is never cost-free anywhere in the world. The transient hardship experienced by Nigerians was an inevitable cost of reforms meant to build and guarantee a better future for all Nigerians,” he said.
Mr Morka maintained that the country’s economic outlook was already improving, citing recent growth figures and stronger external reserves.
“Our economy has rebounded and is expanding steadily. The country’s Gross Domestic Product grew by 4.4 per cent last year and is projected to expand by 5.5 per cent this fiscal year, with foreign reserves now exceeding $50 billion,” he stated.
He also pointed to government initiatives designed to cushion the effects of economic adjustments on citizens, including cash transfer programmes, student loan schemes and the rollout of compressed natural gas (CNG) initiatives to reduce transportation costs.
Mr Morka reaffirmed that the APC-led administration would remain focused on rebuilding the economy and expanding social investments to support vulnerable Nigerians.