Is Nigeria’s Ruling Party, APC, Averse to e-Election?

As 2023 edges closer, observers are beginning to voice concern over the credibility of the next general election in the country, Emameh Gabriel looks at what legacy President Buhari will leave behind in terms of electoral reforms and innovation

With a steady decline in trust from citizens and mounting criticism for what has been generally described as poor performance by the ruling All Progressive Congress (APC) under President Muhammadu Buhari, many Nigerians believe that the ruling party should compensate for its failing policies, especially on its anti-corruption war by accelerating electoral reforms before 2023.

Nigerians keep asking what the APC be remembered for, given the foundation laid down by the PDP in electoral reforms and political development during its 16 years in power.

Some of the lofty promises of democracy include guarantee of freedom of expression, prosperity and other dividends of democracy that allow the majority to have a sense of participation and inclusion. This is the basis for political and democratic development.

Sadly, this appears not to be the case in Nigeria as the National Assembly was recently under fire over the partial passage of the long awaited Electoral Amendment law- a new Act, which was supposed to give legal backing to electronic voting and transmission of results for the 2023 general election.

The bill which, seeks to repeal and re-enact the 2010 Electoral Act, was after six years of the APC in saddle, finally passed by the Senate with dissension by several lawmakers from across political parties.

In the final amendment, the election management body, (INEC) was subjected to seek the approval of the National Assembly and the Nigerian Communications Commission (NCC) to deploy the e-voting system and of course, electronic transmission of results via the internet.

Twenty-eight lawmakers voted for the electronic transmission of results while 52 lawmakers voted against the electronic transmission of election results.

In the results announced by the Clerk of the Senate and validated by Senate President, Ahmad Lawan, 80 lawmakers cast their vote with 28 lawmakers absent.

The amendment reads, “The commission may consider electronic transmission provided the national network coverage is adjudged to be adequate and secure by the Nigerian Communications Commission and approved by the National Assembly,”

During the debate, the clause-by-clause consideration of the electoral bill was subjected to stiffer debate by lawmakers from the opposition political party over Section 52(3) of the bill.

The section deals with the electronic transmission of results during elections. It states ”The Commission may transmit results of elections by electronic means where and when practicable.”

President of the Senate, Ahmad Lawan gave reasons to justify the position taken by the Senate on the electronic transmission of election results.

After the unpopular decision, Lawan explained that the Senate voted the way it did to protect the interest of Nigerian electorate, whose votes he said might not be counted with immediate deployment or application of electronic transmission of election results. He was responding to questions from journalists on the passage of the Electoral Act 2010 Amendment Bill, during a constituency visit to his Yobe North Senatorial District.

The statement titled: “Why we voted for e-transmission of results with conditions – Senate President …Says not only APC but some PDP Senators too voted for it,’ was signed by Ola Awoniyi, Special Adviser (Media) to President of the Senate.

He said: “I am happy that we have been able to pass the amendment even though some people are complaining of what we have passed in the Senate and probably what the House of Representatives has also passed.

“When the majority of Senators voted against immediate application or deployment of electronic transmission of results from the polling units, to the ward, to the local government, states and federal, they didn’t say they do not believe in electronic transmission (of election results)

The opposition party and several interest groups condemned the move saying that it is an attempt by the ruling party to hoodwink the public and perpetuate itself in power beyond 2023.

The current contention is coming on the heels of several failed attempt to pass the electoral amendment bill. The bill was rejected by President Muhammadu Buhari three times.

It was first rejected in March 2018 when Mr Buhari said the proposed law would usurp the constitutional powers of INEC to decide on election matters, including fixing dates and election order.

In 2018, he rejected it again citing “some drafting issues” that remain unaddressed following the prior revisions to the Bill. And in December 2018, when the bill was rejected, Mr Buhari said passing a new bill with elections close by could ‘’create some uncertainty about the legislation to govern the process.”

The legislation was, however, reintroduced in the Ninth Assembly. In the new bill, the lawmakers made provision for electronic transmission of results – a major recommendation by Nigerians.

The excuses by the ruling party seems to have failed to placate the Nigerian public, which is quick to point out that the ruling party rose to power on the electoral reforms under President Goodluck Jonathan and former INEC chairman, Professor Attahiru Jega, that witnessed the electronic capturing of data and the introduction of the card reader which greatly reduced electoral fraud by discouraging multiple voting.

They said since the APC came to power, Nigeria has experienced a regression in the conduct of its elections. Many even pointed to the embarrassing last minute postponement of the 2019 presidential election, the many inconclusive elections and the countless court cases. Analysts have opined that with the President’s tenure coming to an end in 2023, and with the obvious desire of the ruling party to retain power in the party, Nigeria should not expect to see much from the President, in terms of an electoral legacy that can rival that of his successor.

INEC Pushes Forward Against the Odds

INEC has always shown readiness to lead in order to enthrone transparency in the electoral system, even before the the controversial recent electoral amendment act subjecting its authority to the National Assembly and the NCC, it has expressed its readiness to conduct future elections using the electronic voting machine. It reportedly scrutinized several electronic voting machines showcased by over 50 companies and was looking forward to the amendment of the existing legal framework to enable it conduct electronic voting.

According to to INEC, it remained committed to introducing electronic voting machines in the electoral process to replace the manual system that had put the commission under heavy logistics burden, including the printing of ballot papers and hiring of thousands of ad hoc staff, among others.

Speaking during the 2021 budget defence before the House of Representatives Committee on Electoral Matters on November 4, 2020, INEC Chairman, Prof Mahmood Yakubu, said the commission would deploy the electronic voting machines very soon, possibly beginning with the Anambra governorship poll scheduled to hold in November this year.

Mahmoud said elections in the country were too manual, expensive, cumbersome and archaic. He added that “the encumbrance of the deployment of full technology in elections should be removed.”

“It is difficult to give you an idea of cost or when the process would be concluded, but we are determined that we are going to deploy electronic voting machines, electronic balloting machines very soon in our elections, possibly beginning with the Anambra governorship election in 2021.

But the electoral body is hamstrunged by the lack of a statutory backing for e-voting: “The subsisting law is the 1999 Constitution, from which the 2010 Electoral Act (as amended) derives its legitimacy. In this subsisting body of laws, voting in an election through electronic means is still illegal. It will remain so until a new law is passed.

“There is an amendment process going on in respect of the Electoral Act. We don’t yet know what the final product will look like. We all desire a change and the Commission has been working with the two committees of the National Assembly to bring about this change that we all desire. But it is only when the amendment process is concluded, and the president gives assent, that we can say, categorically, whether or not electronic voting will be adopted for the 2023 general election.”

However INEC has used the e-voting system in the past even without such law to demonstrate its readiness to address most of the setbacks militating against credible elections in Nigeria. Last year Edo State governorship election and the recent local government polls in Kaduna State are a good examples.

While the National Assembly is yet to pass to pass a law specifically mandating the electoral body to use electronic transmission of results for the 2023 election but the passage of the amendment has included it to certain conditions, it is clear the end of the e-voting controversy is yet to come to an end anytime soon.

What Would the APC be Remembered For?

President Muhammadu Buhari has less than two years to expiration of his second term in power, there is no other time than now to write his name in the good books of history as one of Nigeria’s statesmen and democrat.

Today, the ball is in APC’s court. It’s expected that the President does all that is necessary to put the country in the good books of the international community as there appears to be a steady decline of trust in democratic development in the country.

This is possible if President Muhammadu Buhari who, has reached the apex of his political career and has nothing more to give to Nigerians than leaving a legacy that would endear him to the hearts of the people.

With the current economic challenges Nigeria is faced with, the country cannot afford to continue with outrageous budgetary allocation to elections when electronic election has already provided a solution to eliminate unwanted costs and malpractices.

A public affairs analyst, Mr. Efe T. Williams outlined the importants of electronic voting in a telephone interview with THISDAY. He said online voting reduces costs
and allows people in today’s digitally advanced society to participate in the democratic process with ease.

He said it is unfortunate that the country is still debating electronic voting when the world is moving towards total digitisation “with 5G network already being introduced in the country, noting that electronic voting system offers the highest levels of transparency, control, security and efficiency of election processes. It provides voters with a comfortable and secure voting experience. Most importantly it allows election organizers to save resources in planning election in the future.

Mr. Williams said: “In the three previous elections held in Nigeria, over N400Billion was expended in conducting the 2011, 2015 and 2019. These high cost of elections is a huge burden that Nigeria with all her present challenges can not afford to sustain.

“On this critical note, there is a need to urgently key into the “new age” in election management. The world is moving towards an information and communication generation, and with the advent of social media, the need for making polling easier has become an urgent and immediate need. Today’s global need for electronic voting can not be overemphasized.

“The importance is that it is more cost effective to the nation, easier for the election umpires and more lax for the voters. The humongous amount spent to conduct election will be drastically reduced, manpower required will be low, paper work will be considerably reduced, and results will be gotten realtime, which will also take away the challenges of the many post election litigation.

“The use of electronic voting will also reduce voter apathy, since they have more faith in the integrity of the electioneering process.”

QUOTE

In the three previous elections held in Nigeria, over N400Billion was expended in conducting the 2011, 2015 and 2019. These high cost of elections is a huge burden that Nigeria with all her present challenges can not afford to sustain