Electoral Bill and Cons of Consensus Option

Udora Orizu writes on the cons of the consensus option approved by the National Assembly in the Electoral Act (Amendment) Bill

Members of the Senate and House of Representatives at the plenary last week passed the harmonised Clause 84 of the Electoral Act (Amendment) Bill, which allows political parties to adopt three modes of primaries, direct, indirect and consensus.

In July 2021, Clause 52(2) split the 9th Assembly Senators and House of Representatives members along party lines in the course of considering the clauses of the entire report. The contentious clause saw most of the ruling All Progressives Congress (APC) Senators and House members rejecting the calls for electronic transmission of election results by the Independent National Electoral Commission (INEC) while the opposition Peoples Democratic Party (PDP) members voted for electronic transmission of poll results.

Eventually the Bill was passed in the House, with the controversial Clause 52(2) intact. As outrage trailed the lawmakers decision, with many Nigerians accusing them of plotting to delegitimise future elections, the lawmakers reconvening after their two months annual holiday heeded to public demand for the electronic transmission of electoral results in the new act. The lawmakers however, as suggested by the House Speaker, Rt. Hon. Femi Gbajabiamila resolved that political parties should adopt direct primary as mode of electing their candidates for elective offices.

Gbajabiamila, while hosting a delegation of the Nigerian youths on a thank-you visit for his role on direct primaries, led by the Minister of Youth and Sports Development, Sunday Dare, said direct primaries would bring more accountability and adequate representation as political office holders would not be restricted to pleasing a group of people selected as delegates, but work for the interest of the generality of party members, and by extension, the electorate.

He said he observed that many Nigerians, especially the youths, were desirous to participate fully in the election of those that would represent them, right from the grassroots level, hence his resolve to champion direct primaries.

The Speaker, while noting that said some members of the political class might not be comfortable with the arrangement, but that the majority of the masses were in support of direct primaries, which he said would give them the opportunity of deciding who would represent them.

The proposed legislation, was however not assented to by President Muhammadu Buhari. Buhari cited the provisions of Clause 84, which made direct primary compulsory for all political parties in electing candidates for elections, as his reason for declining assent.

Bowing to Buhari’s Demand

In Nigeria there exist three arms of government that include the Executive, Legislature and Judiciary. These arms of government function on the principle of separation of powers, however, it is common knowledge that the main power resides with the Executive arm, particularly, the Presidency.

So, when President Buhari spoke during an exclusive interview on Channels TV, January 5, it was no surprise that the legislature known to always heed to majority of the President’s requests, included his suggestion of consensus as an option in the electoral Bill.

Buhari had in the interview stated his readiness to sign the Electoral Act Amendment Bill after the National Assembly makes the necessary adjustments.

He said such changes must include the addition of consensus candidates, indirect primary options to the mode of selecting a candidate for an election, as against the initial direct mode as the only option to conduct primaries by political parties.

His words: “Personally, I do not support direct primary because I want people to be given a choice. You can’t give them one option and think that you are being democratic. Let them have three options, there is the consensus. I didn’t tell the legislators what I didn’t like. All I said is that there should be options and once that is done, I will sign. We must not insist that it has to be direct; it should be consensus and indirect.”

The Senate had earlier passed the three modes of primaries, but the version of the House of Representatives did not include the consensus arrangement. The Federal Lawmakers, resuming plenary after its Christmas and New Year break, cowered on their last year’s decision to override the President’s veto, by recommitting the bill, adding other options, as advised by the President. The harmonised version accommodated the direct, indirect, and consensus modes of primary election.

The House Speaker, Gbajabiamila who presided over the session said: “You will recall that this House last week looked into the complaints and added the provision of indirect primaries to our law. Unfortunately, on the other side, the Senate added both Indirect and consensus which necessitated the possible need for a conference committee of both houses. The leadership of the House and the Senate met Monday and in the interest of speedy passage and also to deepen our democracy, the House and the Senate have decided to add, I believe the consensus provision but with certain provisos and those provisos hopefully we will agree and consider them today to protect all aspirants for all positions so that we will all have an even playing field.”

To be fair to the lawmakers they acted in the interest of Nigerians, particularly the adoption of electronic transmission of election results in the new bill. However most citizens saw the decision from direct to indirect and then, consensus as the parliament’s usual way of pleasing the Executive arm of government.

Content of Clause 84(9) for Consensus Candidate

On Consensus Candidate the bill in 84(9)(a) provides, “A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.”

It goes further in paragraph (b) that, “Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.”

The Bill states in paragraph (c) that, “A Special Convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”

Cons of Consensus Option

Though the lawmakers created some tough conditions for political parties that choose to adopt the consensus option, one of which is to obtain written consent from any aspirant withdrawing from the race, the option is still seen as undemocratic, and subject to abuse by politicians given the Machiavellian nature of politics in Nigeria.

From the sentiments espoused by Niccolo Machiavelli in his book The Prince, it is is clear that he believed that politics and conventional morality cannot go together. Despite the return of democratic rule in Nigeria, the political arena of 21st century in the country has a deadly resemblance to that of 13th century political Europe.

As every election season approaches, Nigerian politics becomes dangerous, with politicians displaying, a winner-take-it-all, end justifies the means attitude, to the detriment of the citizens.

With 2023 general election fast approaching, this piece of legislation if assented to by President Muhammadu Buhari might lead to series of litigations by aspirants at the level of party primaries. Also, the option takes away the only real power the people have, which is to vote in their preferred candidate. Furthermore, there are reasons candidates should be subjected to elections because once you adopt consensus, you subvert popular will and so members of the party are not given the opportunity to nominate candidates. Nomination, therefore becomes the exclusive preserve of political big wigs in the party to determine who a candidate is.

What Next?

Briefing journalists shortly after plenary, last Wednesday, the spokesman of the House of Representatives, Hon. Benjamin Kalu expressed optimism that once the Bill is transmitted to Buhari in seven days, he will look at it as quickly as possible. Despite concerns on the inclusion of consensus option, Nigerians are hopeful that this time, President Buhari will not hesitate to do the needful and assent to the Bill.

QUOTE

The lawmakers created some tough conditions for political parties that choose to adopt the consensus option, one of which is to obtain written consent from any aspirant withdrawing from the race, the option is still seen as undemocratic, and subject to abuse by politicians given the Machiavellian nature of politics in Nigeria