Electoral Bill: Govs Meet, Challenge House to Concur with Senate

•Commend senate for okaying direct, indirect, consensus modes of primaries

•To engage NLC, TUC over proposed increase in fuel price

•Hold secret parley with EFCC boss over security votes

Deji Elumoye, Chuks Okocha, Sunday Aborisade and Udora Orizu in Abuja

The Nigerian Governors’ Forum (NGF), met late last night, over National Assembly’s recommitment to the Electoral Act Amendment Bill, and challenged the House of Representatives, to concur with the specific amendments of the Senate, in order to make the job of the Independent National Electoral Commission (INEC), a lot easier ahead of the next set of elections.

The governors, who commended the Senate for the quick passage of the bill and allowing different options as modes of primary elections, which they reckoned would enable INEC prepare on time for the forthcoming elections, also announced plans to engage with the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) over the proposed increase in the price of fuel.

At the same time, the governors, whose meeting lasted till the early hours of this morning, secretly held a crucial meeting with the Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, and some officials of the EFCC, over the management of security votes by the governors.

Chairman of the governors’ forum and Ekiti State Governor, Dr. Kayode Fayemi, who briefed the press at exactly 12:50am today, said the senators were statesmen by their decision and therefore wanted the House to concur with the position of the Senate for the ease of INEC’s job

Fayemi hinted that the governors discussed among others, the planned increase in the price of fuel, explained that they would engage the NLC and the TUC on how to address the implications of the planned fuel increase and resolve the matter peacefully.

Outcome of their discussions on the planned fuel increase to between N300 to N350 per litre would be tabled during today’s National Economic Council (NEC) to be chaired by the Vice President, Professor Yemi Osinbajo.

The Ekiti governor also said the governors deliberated the omicron variant of covid-19 and how to reduce the effect as well as seeking more funding for the states.

According to him, the governors had received briefings from the World Health Organisation (WHO) and others that would aid the states.

The NGF chairman, who said they received briefings on the ease of doing business in the states, also confirmed their meeting with the chairman of EFCC over what he described as normal discussions.

But the meeting, which held at the instance of the NGF, was deemed crucial and sensitive by the governors, so much that they sent out all their support staff at the NGF secretariat before it commenced.

The EFCC team, led by its chairman, THISDAY gathered, considered the issue of security votes and how some governors withdrew huge sum of money in the name of security votes for their respective states without accountability

Apart from Fayemi, others at the meeting were the Governors of Anambra, Willie Obiano; Kano, Abdullahi Ganduje; Nasarawa, Abdullai Sule; Osun, Gboyega Oyetola and Oyo, Seyi Makinde.

Also in attendance were 10 deputy governors and the World Bank representative.

Head, Media and Public Affairs at the NGF Secretariat, Abdulrazaque Bello-Barkindo, had in a statement at the weekend said the meeting was at the instance of Fayemi, “where pressing national concerns will be discussed.

“To also feature prominently are the interventions programmes like the regular updates from the Nigeria Governors’ Forum SFTAS team and another on CARES, as well as a few presentations. The Governors are expected to address a press conference at the end of the meeting,” the statement stated.

The National Assembly had moved expeditiously, yesterday, following its resumption from the Christmas break on Tuesday and kept its promise to immediately revisit the Electoral Act Amendment Bill, 2021, which President Muhammadu Buhari declined to assent to, last month.

And in keeping faith with the mood of the nation, the National Assembly, yesterday, re-amended the proposed legislation that was passed by both chambers on November 18, 2021.

While both the Senate and the House re-amended Clause 84(2)and expunged the contentious imposition of compulsory direct primaries on parties as procedure for nomination of candidates to stand elections, they differed on the inclusion of consensus option.

The Senate, on its part, loosened the process and procedure to include direct, indirect and consensus options, the House of Representatives, which also amended Clause 84(2) in the bill only approved direct and indirect primaries as procedure for the nomination of candidates by political parties for the various elective positions.

With these, the option of consensus candidate, which both chambers had a differing opinion on, meant a conference committee would now be set up to harmonise both positions.

Already, some civil society organisations (CSOs) have rejected the consensus option introduced by the Senate in the amended Electoral Bill.

In a joint statement, the CSOs which included Yiaga Africa, International Press Centre (IPC), CISLAC, Centre for Citizens with Disability (CCD), Albino Foundation CLEEN Foundation, Institute for Media and Society (IMS) Nigerian Women Trust Fund (NWTF), among others, said the Consensus mode was antithetical to democratic principles and wouldresult in the subversion of popular will.

Chairman, Senate Committee on INEC, Senator Kabiru Gaya, told journalists after plenary that the bill would be transmitted to the president next week.

Gaya said, “We expect the conference committee to meet this week. We will expect their report at plenary next Tuesday. The National Assembly will transmit the clean copy to the President before the end of next week.”

Accordingly, the Senate also approved the recommended Clause 84(3) that, “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 party and shall adopt the procedure outlined below: (a) In the case of Presidential Primaries, all registered members of the party are to vote for aspirants of their choice at a designated centre at each ward of the federation.”

It provides further that, “similar procedure as in (a) above, shall be adopted for Gubernatorial, Senatorial, Federal and State Constituencies.”

The Senate added that, “Special Conventions should be held to ratify the candidate with the highest number of votes at designated centers at the National, State, Senatorial, Federal and State Constituencies.”

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 presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party.”

It provides further in sub-paragraph two (ii) that, “the aspirant with the highest number of votes at the end of voting, shall be declared the winner of the Presidential primaries of the political party and the aspirant name shall be forwarded to the Commission as the candidate of the party.”

The amendment followed a motion for its re-committal to the Committee of the Whole. The motion was sponsored by the Senate Leader, Yahaya Abdullahi (Kebbi North).

In his presentation, the 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.

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

President 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.

According to the president, signing the bill into law would have serious adverse legal, financial, economic and security consequences on the country, particularly, in view of Nigeria’s peculiarities.

He added that it would also impact negatively on the rights of citizens to participate in government as constitutionally ensured.

Senator Abdullahi, however, explained that the motion for re-committal 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).”

Accordingly, the chamber rescinded its decision on the affected Clause of the Bill as passed and recommit same to the Committee of the Whole for consideration and passage.

Speaking after the bill had been passed, President of the Senate, Ahmad Lawan, pledged that the red chamber would work with the Independent National Electoral Commission (INEC) to achieve free, fair and credible elections.

Lawan, therefore, urged the electoral umpire to take advantage of the proposed legislation, when assented to, and give Nigerians, an election that they would be proud of.

He said, “This is one bill that Nigerians particularly, are so interested in because it is one sure way of enhancing our electoral processes and producing leaders at various levels of governance. What we have done today is to respond to the observation of Mr. President and because of our constituents and other stakeholders on the need for us to expedite action on addressing those observations made by Mr. President and we have done that vert patriotically.

“Today, as the bill stands, there is provision for all possible options for selection of candidates from presidency to the councillorship. The available options we have are: the direct primaries, indirect primaries, and consensus candidature. What this means is that political parties are now, once this becomes law, challenged to ensure that they choose what is appropriate, what is suitable for them, when it comes to the processes of producing their candidates.

“I will urge that we should practice all these three so that we are able to develop them. Because there is advantage in each just as there could be disadvantage in all of them. Ours is to ensure proper and appropriate application of these models, if we don’t, as practicing politicians, if the parties don’t, and try to go round the circles and maybe cutting corners, these processes will continue to be disadvantaged at all times.

“With this, we also hope that INEC will take advantage of all the available amendments, including what they suggested to the committees, will be amendments that will enhance their activities, performance. We are very optimistic that once the clean copy of this bill is sent to the president, he will assent to the bill and that will mark a very important moment for the politics, democracy in this country.

“We will still be around to ensure that INEC receives every possible support from the national assembly for INEC to conduct the 2023 elections successfully, transparently and with the integrity that Nigerians will all be proud of when it comes to either off-season elections or the general election in 2023. Laws alone will not be enough. We may have the best laws, if we don’t operate them properly, they may not mean much. I urge practitioners, politicians and INEC to ensure that we obey and operate the laws as provided in the electoral act.”

On its part, the House of Representatives didn’t include the consensus option as adopted by the Senate.

The amendments followed a substantive motion of recommittal and reconsideration moved by the Chairman, House Committee on Rules and Business, Hon. Hassan Fulata.

Before suspending its rules to work on the bill, the lawmakers went into a closed-door session. Proceedings were stalled for about 15 minutes, as the Speaker, Hon. Femi Gbajabiamila, shortly after reading a letter from President Buhari, seeking passage of three bills, was seen discussing in hushed tones with his Deputy, Hon. Idris Wase, and some other lawmakers.

As the discussion stretched, the Speaker called on the Majority Leader, Hon. Ado Doguwa to move that the House goes into executive session.

Reconvening about 25 minutes later, the lawmakers were seen bickering over what might not be unconnected to the issue.

After calm was restored by the presiding officer, he called on Hon. Fulata to move the motion for amendments on the Bill.

Moving the motion, Fulata recalled that the National Assembly amended Section 87(2) of the Electoral Act, 2010 as Clause 84(2) of the Electoral Act (Amendment) Bill, 2021 to read thus: “The procedure for nomination of Candidates by Political Parties for various elective positions shall be by direct primaries”.

He, therefore, said cognisant of the need to allow political parties choose the procedure for nomination of candidates for elective positions, the House would commit Section 84(2) of the Electoral Act (Amendment) Bill, 2021 to the Committee of the Whole for reconsideration in accordance with Order 12, Rule 20 (1-3) of the Standing Orders of the House.

Dissolving into the Committee of the Whole for reconsideration, Gbajabiamila put to a voice vote, the clause 84(2), which now read thus: “That a political party seeking to nominate candidates for election under this Act shall hold primaries for aspirants to all elective positions. The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries,” and the amendments were adopted by majority of the lawmakers.

However, raising a point of order, Hon. Awaji-Inombek Abiante Dagomie (PDP, Rivers),said there were errors in other clauses in the bill, which was sent back to them, hence, the lawmakers should take their time to look at these clauses one after the other so that members could make inputs.

Making reference to one of the clauses, He said, “In the case of nomination of presidential candidate, a political party shall hold special convention in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at the designated centers on specified dates.

“If you go further a National convention shall be held for the ratification, so you don’t elect at the convention. The election of the Presidential candidate will remain at the various state level.”

Responding, Gbajabiamila said, “As a seasoned legislator, I have read the rules of the House to you and you know that we are confined to the observation made by Mr. President; we have a near perfect document.”

Briefing journalists shortly after plenary, the House Spokesman, Hon. Benjamin Kalu, reacting to a question on why the House didn’t include the consensus option like the Senate, said the president in his official letter to the House never mentioned consensus option, rather,he specifically said the mode of nomination should be direct or indirect.

He explained that there was no accommodation in the House rules, which allowed such, adding that they could not import what was not in the President’s letter.

On the lawmakers rescinding from their earlier decision to override the president, he explained that while the constitution empowered the parliament to override the President’s veto, it could only be done if they had two-thirds majority vote.

PDP Commends National Assembly

Meanwhile, the Peoples Democratic Party (PDP), has commended the leadership of the National Assembly for listening to the views of Nigerians by removing the controversial clause of direct primary elections by political parties and changing it with indirect primary and consensus options.

The party, therefore, called on the two chambers of the National Assembly to ensure that the amended version of the electoral bill got to President Muhammadu Buhari within the next 48 hours

It also called on the president to assent to the bill within the next 72 hours and not wait for another 30 days before assenting the bill into law.

This, the PDP said, was to enable INEC commence preparations for the 2023 general election.

In an interview with THISDAY on the passage and removal of the controversial direct primary clause from the electoral bill, the National Publicity Secretary of PDP, Debo Ologunagba, said with the quick amendments of the bill to reflect the views of the Nigerian electorate, “they have put self behind the aspirations of Nigerians that political parties should be allowed to determine how the parties manage their internal affairs

“They have affirmed that there should be as in the constitution, the freedom to associate and speak freely as Nigerians. This is what the constitution that we practice and operate as our grundnorm posits,” he added.

CSOs Reject Senate’s Consensus Option

In a joint statement, the CSOs called on the Senate to, in line with the popular will of Nigerians, adopt the position of the House of Representatives, which now recognises direct and indirect primaries as procedure for nomination of candidates.

The statement read: “At today’s plenary, the Senate and House of Representatives recommitted the Electoral Bill 2021, with proposed amendment to Clause 84 dealing with nomination of candidates. We reject the decision of the Senate to introduce a completely new mode of ‘consensus’ as a procedure for candidates’ nomination.

“Furthermore, it violates the rights of aspirants to equal participation in party primaries and limits the choice of voters to candidates, who did not emerge from democratic primary elections. Judging from experience, consensus has occasioned a litany of litigations in Nigeria’s electoral process.

“We call on the Senate to, in line with the popular will of Nigerians, adopt the position of the House of Representatives, which now recognises direct and indirect primaries as procedure for nomination of candidates.

“With this development, a harmonisation committee will now have to be constituted by the leadership of the National Assembly to harmonise the divergent positions of both chambers, thereby delaying the speedy conclusion of the process.

“We, therefore, call for the immediate withdrawal of this new introduction, which is alien to the original Electoral Bill 2021, to speed up the work of the harmonisation committee and conclusion of the amendment process on or before the 21 January 2022 deadline. As indicated in our earlier statement, any further delay will undermine public confidence in the reform process and therefore, unacceptable.”