New clauses and fate of Electoral Act Amendment Bill

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Uba Group

BY BENEDICT NWACHUKWU, ABUJA

The Electoral Act Amendment Bill which President Muhammadu Buhari refused to assent to last year because of the inclusion of compulsory Direct Primaries by political parties was retransmitted last week with the removal of that clause on the method of conducting primaries by political parties.

The re-transmitted Bill was reversed to allow political parties to use any method of primaries they feel is better. Parties, according to the amendment, are at liberty to conduct their primaries using the direct or indirect primaries or even opt for consensus candidacy.

However, the Bill still remains largely contentious. There are two principal clauses said to be causing problems for which the governors are said to be at loggerheads with their lawmakers who are in support of the bill.

The governors, it was learnt, are accusing the lawmakers of mischief claiming that the represented Bill was meant to hand over the parties’ structure in all the states to the lawmakers and their “godfathers” who are the brains behind it all.

But while the APC governors are said to be bent on “killing” the Bill, their PDP counterparts are begging the President to assent to the Bill. This is a total departure from the reactions of the political parties; the ruling APC, the main opposition party, PDP and others that were in agreement and in one voice, calling on the President to decline his assent to the Bill last year.

The Executive Director, Adopt A Goal for Development Initiative, Ariyo Dare Atoyebi, while reacting to the reported misgiving of the Bill caused between the governors and the lawmakers said, “the plot by some governors to stop the President’s assent is wicked and unfortunate. One thing we must know is that as Nigerians we must continue to push for an electoral framework that will help to guarantee free, fair, transparent and credible elections now and in future.”

Atoyebi argued that the retransmitted Bill is in order because the National Assembly has met the conditions of the President and expressed total disappointment in the attitude of the governors who are against the Bill and are doing everything to stop it from seeing the light of the day.

“The National Assembly has met the conditions of the President which is to give more than one option for the party primaries. And the National Assembly has graciously considered direct and indirect and the new addition con-consensus and they have given this consensus option significant clarifications. Therefore, the President has no reason not to sign this Bill into Law.

“I’m also aware there is a provision or a clause which for personal reasons some persons are kicking against the Bill and it has to do with the minimum time to resign as an appointee. This is not a bad amendment, however, if the President deems it fit that there is a need to remove this clause, what we want him to do is to go by the way of the Petroleum Industry Bill and sign this particular Bill into law and immediately communicate an amendment to the National Assembly. Any further delay will jeopardize the 2023 general elections.”

He warned that the Civil Society Organisations will not fold their hands and watch the country’s democracy being dragged into the mud by those who should protect it.

“Yet to be confirmed information on why some people are against the Bill is that if signed into Law, it will substantially reduce the possibility of any individual to stack up voters cards to be distributed to his followers and the under aged to enable them to vote on election days”

Atoyebi said, “We members of the CSOs are asking the Minister of Justice and Attorney General of the Federation, Abubakar Malami, not to obstruct the signing of this Bill, not to give in to the pressure being mounted by people who are unhappy against the Bill. This is a Bill for credible elections, this is a Bill that will strengthen our legal framework and this is not a Bill to play with.”

Yet to be confirmed information on why some people are against the Bill is that if signed into Law, it will substantially reduce the possibility of any individual to stack up voters cards to be distributed to his followers and the under aged to enable them to vote on election days.

But Atoyebi discarded the claim saying, “It’s not true. It is not anti any section of this country. The issue of BVAS is for accreditation and also for transmission of results. Anybody that has PVC ordinarily can also be subjected to technological validation. So that claim is not true. It’s misinformation. If any section of this country has not rejected the PVC there is no way the argument can be tenable because it’s the same technology.

“BVAS is about the verification of what one registered, it’s a verification of one’s PVC so the moment one has PVC it means one is already into the technological horizon, so it is not true this Bill is against a section of this country.

“However, immediately this Bill is signed into law, we will be asking the Independent National Electoral Commission to conduct mock exercises in different parts of the country to ensure that every state, every constituency, every local government, ward and polling unit are aware on the usage of whatever technology that INEC will select for the 2023 elections. So it is important that we make that clarification that the Bill is not anti-north or anti south. It is simply a technological addition to ensure transparency at the polls and also to ensure free, fair and transparent elections so Nigerians must not give in to those seeking to stop the President from signing the Bill no matter the guise,” he said.

Former Chairman of All Progressives Grand Alliance, London Chapter, Mike Merenini, a lawyer, said what the governors are doing about the Bill is unheard of and clear pointers that they are afraid of free, fair, transparent and credible elections.

Merenini said the push by these governors to stop the President from signing the Bill into law has exposed them as the problem of Nigerian politics.

“Can you imagine this in this century that governors are pushing to stop President Buhari from signing the Bill that will take our democracy to another level into law? It’s most unfortunate.

“It’s very clear that most of them never won elections in their states. They came to power through maiming and killing their opponents and their supporters, carting away ballot boxes, writing results and even influencing the judiciary. Politics in Nigeria is nauseating. They have made us a laughing stock out here overseas.”

The former APGA Chairman insisted that the Electoral Act (Amendment) Bill, when signed into law will mark the first positive step forward to usher Nigeria’s democracy into stability.

He expressed fears that the way politicians are going; they can force Nigeria back to a military regime because, with their move to stop the Bill from being signed into law, they can equally do anything to remain in power.

“These politicians are mere jobbers who are interested in themselves; nothing more or less. They don’t want any step that will enshrine true democracy in our country. They want to remain in power for as long as they live. That is why somebody will rule a state for eight years and hijack the Senate seat and remain there for donkey years. If they lose in the Senate they jostle for parties’ national chairmanship positions. The reason is that they loot the people’s treasury without accountability. So what do you expect from such people?”

Atoyebi, in agreement with Merenini, said “the fear of these governors is hinged on the fact that the clauses in this Bill worked in Edo, Ondo and Anambra States and INEC has tested those provisions as contained in the Bill and they worked. So those of them who are unpopular, who cannot win in free, fair, transparent and credible elections are the ones pushing for this distraction.”

He added that, “We will not expect that this Bill will not be signed, but however, what will be the role of the CSOs? We will be forced to use whatever means in terms of civil disobedience, in terms of popular protests to make our stands known. And of course, I believe that this will be a minus for Mr. President, it will affect his integrity and also his standing both regionally and globally because a lot of international communities are expecting the President to sign this Bill. So, for the CSOs we will sustain our agitations, we will sustain our pressure and we will ensure that there will be free, fair, transparent and credible elections in 2023. But we believe that signing this Bill will make it a whole lot easier for INEC to give a very firm electoral framework for our country.

He insisted that the CSOs are very much aware of the scheming and move to thwart the signing of the Bill. He then appealed to all those who can ensure that the Bill doesn’t go to the waste bin to rise up and do so.

“We are aware that dissents are already scheming against the reviewed electoral bill re-transmitted to the President.

“We want to put it on record that the main fear of these detractors is the credibility and transparency that a new electoral act will guarantee.

“Therefore we wish to urge the Attorney General of the Federation, Abubakar Malami, not to conspire with these dissidents to obstruct the signing of the re-transmitted bill by the President.

“This is the sixth time that the electoral bill will be transmitted to President Buhari in the last six years for his assent; the President must not entertain any further distraction from anti-democratic forces,” he concluded.

Presently, nobody knows what fate awaits the Electoral Act (Amendment) Bill as a result of the seemingly ‘unfriendly clauses’. Whether President Buhari will sign now or again decline assent, only time will tell.

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