Electoral Bill: Tension as Senators begin compilation of signatures to override Buhari’s veto

ADEKUNLE ADESUJI, Abuja

 

Following the failure of President Muhammadu Buhari to ascent the Electoral Bill (Amendment) Senators have started compiling signatures to override  Mr President’s veto.

Senate President, Ahmad Lawan after the closed door session which lasted for an hour read President Buhari’s letter on witholding ascent to Electoral Bill (Amendment).

He quoted President Buhari to have said he was withholding Assent to the Bill based on advice from informed quarters.

He listed reasons for declining assent to include the fact that provision for direct primary was against freedom of association and undemocratic to impose such on political parties.

But, some Senators who spoke after the plenary session are already compiling signatures to override President Buhari’s veto on Electoral Bill (Amendment).

Senator Goerge Sekibo while speaking with newsmen said that over 72 Senators have already signed to override President Buhari’s veto on Electoral Act.

He said the Constitution has already empowered them to do that explaining that section 58 (4&5) made provison for that.

Sekibo said, “By law, we have the power to override him. That’s what section 58 (4 & 5) said.

“We will use our powers to do it. And they are saying that people must be present at voting.

“Our rule gives us three methods of voting. Voice vote, by signing the document (signature) and electronic voting. So we can use anyone.

“We collected signatures in the Chamber and it cuts across party lines.”

Also Senator Abba Moro and Senator Mathew Urhoghide said that the Lawmakers will override President Buhari’s veto on Electoral Bill.

Senator Abba Moro said, “The reasons given by the President to withold assent, to my view and the views of majority of senators, are not enough because all stakeholders have acknowledged the fact that the amended electoral act as it is today contains fantastic provisions that could deepen democracy.

“If we reject the amended electoral bill because of direct primary, then it will be very unfortunate.

“If it’s because of direct primary the president reject the will of the people, I can assure you that myself and my colleagues are prepared this time around to override the president.”

On his part, Senator Matthew Urhoghide,  urged the National Assembly to extricate itself from what he described as public odium and disrespect by going ahead to override  President Buhari who is  All Progressives Congress, APC, just as he said that history stares NASS in the face if indeed it is not a rubber stamp.

Senator Urhoghide said, “We must be reminded that members of the National Assembly  are truly  the representatives  of the people because every Federal Constituency and Senatorial District seat is allocated to a segment of the Nigerian people who are their constituents.

“The members of the National Assembly consulted  with a cross section of their constituents to reach an informed position on any matter of national interest and development.

“The issue of Direct Primaries in our electoral process has been well canvassed, elucidated, and argued  by both Chambers of the NASS, and inputs were taken at public hearing from across the spectrum of all critical stakeholders.

” Both Chambers passed the Bill with some little variations in some sections which consequently  necessitated the setting up of a Conference committee of five members each from both Chambers.  At the end of all the deliberations, Direct primary was agreed upon.”

The National Assembly in 2000 override former President Olusegun Obasanjo veto on NDDC bill.

Buhari letter reads:“ Further to the letter dated 18th November, 2021 forwarded for Presidential assent, the Electoral Act (Amendment) Bill 2021 as passed by the National Assembly, I have received informed advice from relevant Ministries, Departments and Agencies of the Government, and have also carefully reviewed the Bill in light of the current realities prevalent in the Federal Republic of Nigeria in the circumstances.

“Arising from the review, Mr. Senate President may wish to note that the conduct of elections for the nomination of party candidates solely via direct primaries as envisaged by the Electoral Act (Amendment) Bill 2021 has serious adverse legal, financial, economic and security consequences which cannot be accommodated at the moment considering our Nation’s peculiarities. It also has implications on the rights of citizens to participate in the government as constitutionally ensured.

“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 primaries.

“Arising from the review, Mr. Senate President may wish to particularly note the pertinent issues implicated as follows to wit:

“The conduct of direct primaries across the 8,809 wards, the length and breadth of the country will lead to a significant spike in the cost of conducting primary elections by parties as well as increase in the cost of monitoring such elections 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.

“The indirect consequences of the issues of high cost and monetization are that it will raise financial crimes and constitute further strain on the economy. It will also stifle smaller parties without the enormous resources required to mobilise all party members for the primaries. This is not healthy for the sustenance of multi-party democracy in Nigeria.

“In addition to increased costs identified above, conducting and monitoring primary elections across 8,809 wards will pose huge security challenges as the security agencies will also be overstretched, direct primaries will be open to participation from all and sundry and such large turn-out without effective security coordination will also engender intimidation and disruptions, thereby raising credibility issues for the outcomes of such elections.

“The amendment as proposed is a violation of the underlying spirit of democracy which is characterized by freedom of choices.

“Political party membership is a voluntary exercise of the constitutional right to freedom of association. Several millions of Nigerians are not card-carrying members of any political party.

“Thus, the emphasis should be on enabling qualified Nigerians to vote for the candidate of their choice during general elections as a means of participation in governance and furtherance of the concept of universal adult suffrage or universal franchise.

“The proposed amendment may also give rise to plethora of litigations based on diverse grounds and issues of Law including but not limited to the fact that the proposed amendment cannot work in retrospect given that the existing constitution of the Parties already registered with the Independent National Electoral Commission (INEC) permits direct, indirect and the consensus primaries. This real possibility, will, without doubt, truncate the electoral program of the Nation as another electoral exercise is imminent towards a change of Government in 2023.

“Nigeria is at the moment still grappling with the issues of monetization of the political process and vote buying at both party and general elections. The direct implication of institutionalizing only direct primaries is the aggravation of over-monetization of the process as there will be much more people a contestant needs to reach out to thereby further fuelling corruption and abuse of office by incumbent contestants who may resort to public resources to satisfy the increased demands and logistics of winning party primaries.

“Direct primaries are also subject or susceptible to manipulation or malpractices as most parties cannot boast of reliable and verified Membership Register or valid means of identification which therefore means non-members can be recruited to vote by wealthy contestants to influence the outcome. Rival parties can also conspire and mobilize people to vote against a good or popular candidate in a party during its primaries just to pave way for their own candidates. Whereas where voting is done by accredited delegates during indirect primaries, the above irregularities are not possible.

“The major conclusions arrived at upon the review are highlighted hereunder, to wit:

“Asides its serious adverse legal, financial, economic and security consequences, the limitation or restriction of the nomination procedures available to political parties and their members constitutes an affront to the right to freedom of association. It is thus undemocratic to restrict the procedure or means of nomination of candidates by political parties, as it also amounts to undue interference in the affairs of political parties.

“Indirect primaries or collegiate elections are part of internationally accepted electoral practices. More so, direct primaries are not free from manipulations and do not particularly guarantee the emergence of the will of the people especially in circumstances like ours where it is near impossible to sustain a workable implementation framework or structure thereof.

“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) & (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 may permit.”

“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 may permit.”

However, Gov. Samuel Ortom of Benue has commended President Muhammadu Buhari for declining to assent to the 2021 Electoral Act Amendment Bill.

Speaking to journalists on Tuesday in Makurdi, Ortom insisted that party primaries were the exclusive reserve of political parties.

He said that direct primaries were expensive hence only big parties with enormous resources could afford them.

On indirect primaries, he said that the process only differed with direct primaries in terms of the election of delegates at the ward levels.

Ortom said of all the processes of electing candidates, the consensus mode of election was the best.

” On the consensus mode, members of the party come together and agree on a candidate thereby saving money, time and it is devoid of rancor,” he said.

He appealed to the National Assembly to accept the reasons deduced by the president while refusing to assent to the bill.

He, however, agreed with parts of the amendment bill that adopted the electronic transmission of election results.

” It will engender transparency in the electoral system and also add value to the system,” he said.

 

 

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