January 09, (THEWILL) – The National Assembly will resume on January 26, 2022 after a six-week Christmas/New Year holiday. One issue that the lawmakers need to give urgent attention to is the Electoral Reform Amendment Bill, which was returned to it by President Muhammadu Buhari after he refused to give his assent.
The President in an interview broadcast on network television last Wednesday stated that he was ready to sign the Electoral Reform Amendment Bill as soon as the National Assembly makes the necessary adjustments.
He, however, said such changes must include the addition of consensus candidates and the indirect primary as the modes for selecting candidates for elections by political parties, as against direct primary.
“All I said is that there should be options. We must not insist that it has to be direct; it should be consensus and indirect,” the President said.
Asked if he would sign if the lawmakers effect the change in that direction, he affirmed, “Yes, I will! I will sign. There should be options. You can’t dictate to people and say you are practising democracy. Give them other options so they can make a choice.”
President Buhari had withheld his assent to the bill, citing the cost of conducting direct primary elections, security challenges and possible manipulation of electoral processes by political actors as some of the reasons for his decision.
The rejection was conveyed in letters read in the two chambers of the National Assembly by the Senate President Ahmad Lawan and the Speaker of the House of Representatives, Femi Gbajabiamila.
The bill was transmitted to the President on November 19, 2021.
In a lengthy letter read by Mr Gbajabiamila, Buhari explained why he declined assent to the bill. He cited financial, security and legal consequences for rejecting the bill.
He argued that the bill would infringe on the rights of Nigerians to participate in governance and democracy.
“The amendment as proposed is a violation of the underlying spirit of democracy, which is characterised by freedom of choices of which political party membership is a voluntary exercise of the constitutional right of freedom of association,” the statement reads in part.
President Buhari noted that the existing constitution of the parties already registered with the INEC permits direct, indirect and consensus primaries.
He said his decision was based on informed advice by the relevant ministries, departments and agencies of the government, as well as a careful review of the bill in the light of the current realities in the country.
In their reaction, lawmakers in the House of Representatives could not immediately take an action, but they said they would adequately address the matter in January.
During a plenary held in December, Gbajabiamila had explained that the time was short to address such a sensitive issue.
The Senate also resolved to consult with the House of Representatives in January when both chambers would be in session.
Speaking on the development in his end of the year speech, Gbajabiamila said the parliament would decide the way forward on the bill in 2022.
He noted that there would be no need to throw away the baby with the bathwater.
“As it is, it falls on the parliament to decide the way forward. When we resume next year, we will decide it together. We must not throw the baby away with the bathwater,” Gbajabiamila said.
Two options are open to the members of the National Assembly upon their resumption. It is either they override the President, veto the bill and pass it into law or amend it to suit the Buhari’s position and resend it to him for his assent.
It would also be recalled that some members of the National Assembly had vowed that if the President refused to give assent, they would veto the bill.
However speaking while inaugurating some projects in Lagos recently, Gbajabiamila said the National Assembly may remove the clause of direct primaries for political parties upon resumption.
“If you follow the history of the amendment of the direct and indirect primary, I initiated that amendment for a good reason and it is for people to participate in elections. These are the people you see around when you campaign every four years.
“For me, it does not make sense that these people do not have a voice in who represents them. It is part of being used and I don’t like that. Most of us are reformers and one of the ways to reform the system is to make it more accountable and to make the people have a voice in who represents them as opposed to a few people sitting in the four corners of a wall and writing results.
“There is a process. When we come back from recess, as I said, the house will look at those amendments. We will sit as the National Assembly, look at the reasons and at that point, consider removing that clause and pass the bill so that we do not throw away the baby with the bathwater.
“But then, it is not my decision to make. It is the decision of the National Assembly. if they determine that the reasons are not good enough, then, there is a process prescribed by the Constitution.”
Many Nigerians are of the view that the present National Assembly is too weak to confront President Buhari over the bill. They believe that the lawmakers will simply amend the bill and send it back to the President.
Speaking with THEWILL, a chieftain of the APC and Director-General of the Voice of Nigeria, Mr Osita Okechukwu, said Buhari had not thrown away the baby with the bathwater by specifically pointing to areas that require amendment. He said it is up to the National Assembly to look into the President’s demands and amend the bill accordingly.
“I am a supporter of direct primary as it is better in expanding the frontiers of democracy. However one cannot ignore the issues raised by Mr President in his response to the National Assembly. All I can say is that I am happy that the President did not throw away the baby with the bathwater. That is why I made this statement somewhere.
“Yes, some compatriots have canvassed the full package of electronic transmission of results and direct primary as the mode of electing candidates by all political parties, which was submitted to the National Assembly for the President’s assent.
“President Buhari did not assent to the bill as presented, but he has clearly marshaled out his points of departure, which, as usual in liberal democracy, did not go down well with some people and went down well with others, especially state governors.
“It is my candid view that the Christmas gift is that the baby, the core item and the most treasured free and fairer election enabler in the bill – electronic transmission of results – and other valuable items are preserved, retained and endorsed by the President, National Assembly and Independent National Electoral Commission. Their being on the same page is the Christmas gift.
“My dear Compatriots, please go through the bill. The President’s letter to National Assembly and INEC’s endorsement of BVAS is the vaccine for vote rigging.”
Also speaking with THEWILL, a public affairs commentator, Paul Okoye, said the President did well to point out the areas he was not comfortable with in the bill.
“He has said if the bill is amended, he will sign the electoral act bill. That is a positive development and I think the National Assembly upon resumption should do the needful and send the bill back to him for his assent.
“I think for the sake of electronic voting and electronic transmission of election results, the members of the National Assembly should cooperate with the President and sign the bill into law. That bill will help prevent rigging and it will be the best for our country. So no sacrifice will be too much,” he said.
Also, a chieftain of the Peoples Democratic Party in Ogun State, Mr Segun Sowunmi, while speaking with THEWILL said, “The fact that the President did not sign the bill is embarrassing and disgraceful because he waited till the last day. He could have brought up his concern early enough for the National Assembly to adjust the bill. In the last six years, that he has been in office, he never made an attempt to improve the electoral process. Having said that, it will be a salute to the independence of this senate, if they can do what the constitution allows them to do, but I doubt it. The lawmakers do not look to me like the kind of men who have the courage to override the President’s veto. They should veto him if they need to do so. The President cannot be bigger than democracy. I doubt if the present Senate will be able to do that. If it were the Bukola Saraki-led 8th Senate, we wouldn’t be in this situation before having the bill signed into law.”
About the Author
AYO ESAN, has been actively reporting and analyzing political events for different newspapers for over 18 years. He has also successfully covered national and state elections in Nigeria since the inception of this democracy in 1999.
