Direct primaries: NASS reverses self on Electoral Act (Amendment) Bill.

Adekunle Adesuji and Jonas Ezieke, Abuja.

Senate on Wednesday conceded to President Muhammadu Buhari’s demand on Electoral Act, approved direct , indirect or consensus for Political party primaries.

Senate decision was sequel to the refusal President Muhammadu Buhari to sign the Electoral Act on November 2021.

Buhari in the letter dated December 13, 2021, and address to the Senate President, Ahmad Lawan, had explained that his decision to withhold assent to the electoral bill was informed by advice from relevant Ministries, Departments and Agencies of Government after a thorough review.

However, Senate leader, Abdullahi Yahaya while moving motion for the amendment said re-commital of the bill to the Committee on the Whole was against the backdrop of the “need to address the observation by President Buhar

The newly passed amendment approved direct, indirect primaries or consensus as procedure for the nomination of candidates by political parties for the various elective positions which in clause 84 (2)

Clause 84(3) reads“a political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the part.”

Clause 84(4) further provides that “a political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below; (a) In the case of nominations to the position of Presidential candidate, a political party shall, (i) hold special conventions in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at designated centers in each State Capital on specified dates.”

The clause provides that a National Convention shall be held for the ratification of the candidate with the highest number of votes.

Presenting the amendment, Senate Leader, recalled  that President Muhammadu Buhari had signified withholding his assent on the Electoral Act No. 6 2010 (Repeal and Re-enactment) Bill, 2021 which was passed by the National Assembly and forwarded to the President on Thursday, 18th November, 2021.

Senator Abdullahi noted that the rational for withholding assent bordered on his observation in Clause 84.

Senator Abdullahi, eexplained that the motion for re-commital of the bill to the Committee on the Whole was against the backdrop of the “need to address the observation by Mr. President C-in-C and make necessary amendment in accordance with Order 87(c) of the Senate Standing Orders, 2022 (as amended); and relying on order 1(b) and 52(6) of the Senate Standing Orders, 2022 ( as amended).”

Also, the House of Representatives on Wednesday considered and adopted the Electoral Act (Amendment) Bill 2021, recommitted to the House on Tuesday December 18 for reconsideration.

It altered the provision of Clause 84 (2) of the Bill that reads thus: “The procedure for nomination of candidates by political parties for various elective positions shall be by direct primaries”

Specifically, the House amended the controversial Clause 84(2) that candidates for an election shall be emerge through either direct or indirect primaries by political parties.

This amendment followed the consideration of the Clause at the Committee of the Whole of the House, presided over by the Speaker,Hon. Femi Gbajabiamila.

Speaking after the bill consideration, Gbajabiamila said the House considered and adopted only the clause, as observed by the President.

President Muhammadu Buhari had on December 21, 2021 communicated to the National Assembly his decision to withhold assent to the bill, saying that clause 84(2) as it was, will denied many Nigerians opportunity to take part in the electoral process.

Initially some opposition lawmakers had attempted to stop the process but were later convinced by the Minority Leader,Hon. Ndudi Elumelu  who also took part in the consideration of the contentious legislation.

As it is now, the two chambers of the National Assembly have considered and adopted the President’s observation and the amended clause will be harmonized, dusted and re-transmitted for the President’s assent in the next few days or weeks for it to become law.