BY AUGUSTINE AVWODE
All eyes will be on the National Assembly as federal legislators resume from Christmas and New Year break on Tuesday, January 18, to begin the 2022 legislative year. Nigerians will be eagerly waiting to see what the federal lawmakers intend to do with the Electoral Act Amendment Bill.
The Bill which was returned unsigned by President Muhammadu Buhari to the National Assembly on account of a controversial direct primary provision was the talking point for almost the whole of the last quarter of 2021 for many reasons including the compelling all political parties to use direct primary; the failure to act timely on it by the President; his refusal to assent to it; the many reasons given and the failure of the National Assembly to rise up to the occasion as expected by Nigerians and of course the conspiracy theories woven around the development.
Nigerians had expected the President to sign the Bill amending the 2010 Electoral Act on account of the many significant innovations that would be introduced into the electoral process.
However, the Senate and House of Representatives, after dully harmonising areas of differences, literally prescribed ‘direct primary’ as a mode of selecting flag bearers for all political parties. This provision was vehemently kicked against by individuals, civil society organisations, political parties and other interest groups. It was, therefore, not a surprise that the President refused to assent to the bill giving as many as seven reasons which include the inappropriateness of prescribing direct primaries for parties, security concerns, cost of holding such elections among other excuses.
Before the two chambers proceeded on recess, the leadership of the National Assembly made it clear that it was not yet over for the Bill. Both the Senate President, Ahmad Lawan and the Speaker of the House of Representatives, Femi Gbajabiamila, hinted at a possible revisiting of the Electoral Act Amendment Bill.
Upon receipt of the President’s letter on December 22, 2021, the Senate went into a closed-door session and the decision announced by Lawan was to ‘consult’ the House of Reps on the way forward on the Bill. He equally said the senators will consult their various constituents so that they will be able to aggregate their views on the way forward for the Bill.
Lawan said the consultation with their counterparts at the House is necessary according to the constitutional provisions.
“The Senate, in a closed session, discussed the way forward on how the Senate will respond to the letter from the President on the Electoral Amendment Bill.
“The Senate consequently resolved to consult with the House of Representatives in January when both chambers will be in session.
“Presently, the House of Reps has gone on recess and we all know the constitutional provision is for the Senate and the House to jointly take the appropriate action,” he had said.
He also said the Senate had equally resolved to consult their constituents during the holiday.
“The Senate believes that our constituents have a role to play as major stakeholders in the laws that we make in the National Assembly,” Lawan added.
Before the House of Reps went on recess, Gbajabiamila equally hinted that on resumption this January, the Electoral Bill will be revisited. His words carried high hope for those who think the Bill was worth re-examining in the light of the issues the President had raised.
The Speaker had declared that “This year, despite the differences of opinions, all of us in the House of Representatives and indeed, the entire National Assembly, worked to pass the Electoral Act (Amendment) Bill. We included in that bill provisions we hoped will significantly enhance the conduct of our national elections and improve public confidence in our electoral outcomes.
“As it is now, that bill has not received presidential assent, and it falls to parliament to decide the best way forward. When we return in the New Year, we will resume our efforts to reform the electoral system in our country. And we will do it together. That is what the Nigerian people expect of us, and we will do our duty for God and our country.
“Whichever way it pans out, we must not throw out the baby with the bathwater and must deliver a credible and enduring electoral system to Nigerians. Every law is a living document and as long as it has breath, it must survive.”
However, the Senate President, either by design or otherwise, last week failed to mention the Electoral Act Amendment Bill when he listed what would engage the attention of the Senate in the new year.
“When we return in the New Year, we will resume our efforts to reform the electoral system in our country. And we will do it together. That is what the Nigerian people expect of us, and we will do our duty for God and our country. Whichever way it pans out, we must not throw out the baby with the bathwater and must deliver a credible and enduring electoral system to Nigerians
“
He had mentioned security, improved revenue generation as matters that would top the legislative agenda in 2022.
Lawan, while receiving the Senate Press Corps who paid him a solidarity visit to felicitate with him on the occasion of his 63rd birthday in Abuja, said that Nigerians will remember the Ninth Assembly under his leadership for its outstanding legislative achievements after the end of its lifespan in June 2023.
Lawan disclosed that the National Assembly in 2022 would focus on security through oversight of funds appropriated in this year’s budget to the armed forces and security agencies.
“That takes me to the challenge for the National Assembly, particularly the Senate in 2022. So far, we have done over ninety percent of what we set for ourselves in our legislative agenda, but because the country and people are dynamic, we have so many other things to do.
“Today, the security situation still begs for more attention. We will give a lot of attention to the security situation. We have appropriated about a trillion for our security agencies and armed forces, now it is for members of the National Assembly to ensure that the procurement processes by the armed forces are transparent and everybody there is accountable.
“And of course, we should do oversight as much as possible for the welfare of our soldiers and security personnel. They need to continuously be motivated.”
That the Senate President failed to name the Electoral Act Bill as one of the priority areas send a feeling of is this the end of the road for the Bill? in people.
Speaking to The Point exclusively last Friday on the Electoral Act Bill, former Deputy Governor of Cross River State, Efiok Cobham, said the idea of imposing direct primary on all parties was wrong and that cost and current security situation in the country would not allow it to be practicable.
“Looking at the security situation in the country today and our current security architecture, I don’t think our security agencies will be able to manage direct primaries. In fact, from what the security agencies are facing, you can tell that they would not be able to combine that assignment with what they have on their plate just now. I think indirect primary should be encouraged and approved.”
On what he thinks the National Assembly should do regarding the Electoral Act Bill, Cobham said he would advise it to just agree with the President, revert to allowing parties to do what they think is best for them and resend the Bill to the President. He said the idea of overriding the President should not be considered.
“I don’t see them overriding the President. They wouldn’t be able to do that and I don’t suggest they do it. I would rather advise them to just align with the President, make the necessary adjustment and return it to him for assent. It is a Bill we all need to deepen our democratic ethos,” he said.
Whatever direction the Electoral Act Amendment Bill will go, certainly will be made known this week. Will it survive or will it die? Nigerians wait for the National Assembly.
