Electoral Bill: Time for Buhari to Write His Name in Gold

IN THE ARENA

Two weeks after the National Assembly transmitted the re-worked Electoral Amendment Bill to President Muhammadu Buhari, the President was yet to assent to it, fueling speculations that he might once again reject the proposed law. Iyobosa Uwugiaren examines the consequences of the President’s inaction

President Muhammadu Buhari is dangerously frolicking with one of the crucial elements of democratic norms that is globally accepted to guarantee free, fair and credible elections, which is the legal framework. Nigeria and their friends, who desire transparent electoral process, ahead of 2023 general election are worried.

Against the huge expectation of many right-thinking members of the society, including the international community, the President has refused or failed to assent to the reworked Electoral Amendment Bill. And in the past few weeks the Independent National Electoral Commission (INEC) has consistently complained to those who cared to listen that the failure to come up with clear Electoral Act – in line with the wishes of the electorate, is frustrating the commission’s efforts to plan well for the 2023 general election.

For many political observers, the current foot-dragging on this all-important electoral Act is not helpful to Nigeria’s democratic space, especially as the nation enters election year.

If anybody is in doubt about the most basic questions why a legal framework is imperative to democratic election – in a developing country like Nigeria – with destructive political culture, the National Democratic Institute for International Affairs (NDI) has answered the question.

“Establishing the rules of the game for elections should be a vital concern to political parties, candidates and citizens alike. Democratic elections serve to settle fairly and peacefully the competition among those seeking to exercise governmental powers as representatives of the people,’’ NDI had reportedly stated.

‘’Democratic elections also serve as the means for citizens to express freely their will as to who shall have the authority and legitimacy to wield the reins of government as their representatives.

‘’It is thus in the direct and immediate interests of electoral contestants – political parties and candidates – and of the population as a whole – citizens and their associations – to ensure that the rules for electoral competition, as well as the way those rules are enforced, guarantee that a genuine democratic election takes place,’’ NDI explained.

The National Assembly had sent the Bill to the President late last year for assent. But President Buhari withheld assent to the bill – in a letter, which was sent to both chambers of the National Assembly. In the letter, the President refused to sign the bill because of the mandatory direct primaries. He further stated eight disadvantages of mandatory direct primaries, which included legal, financial and security concerns.

After the initial grandstanding by the lawmakers to override the President’s veto, they later succumbed to Buhari’s demands, reworked it and transmitted it again to him on January 31, 2022.

Before they reworked the Bill, Buhari had promised to sign it into law if other options for selecting candidates for elections are included.

“I will sign. All I would like is that there should be options. You can’t dictate to people and say you are doing democracy. Allow them other options so that they can make a choice,” he had stated in a controversial TV interview.

Since 2015, when he was elected President, Buhari had declined assent to the Electoral Act Amendment Bill for five times.

But, in spite of the National Assembly doing his bidding, Buhari has still refused to assent to the all-important bill, leaving people wondering what he really wants. Although the President has not indicated whether he will assent to the re-worked bill or not, the Minister of Justice and Attorney-General of the Federation, Mr. Abubakar Malami (SAN), had hinted that the President might again, withhold assent from the Bill if it is considered to have proposals based on personal interests.

According to the minister, the bill, which the National Assembly transmitted to the Presidency the second time had been sent to him for legal advice.

When asked if he was satisfied with the amendments made to the bill by the National Assembly – after Buhari sent it back to the parliament, Malami said, “In terms of satisfaction, honestly, it is premature for me to conclude, taking into consideration (that) I can admit to you that the electoral bill was only received in my office this afternoon (recently) as I was preparing to come over for this engagement with Channels TV.’’

Malami said he would “certainly advise the President not to assent to the Bill, if he is not ‘’satisfied and of the opinion that it is against the public interest, the national interest; and then against the dictates of democratic process.’’

Amidst foot-dragging on the electoral law, many people believe that Buhari is comfortable with the existing Act, which gives room for manipulation of elections, and may not be interested in ‘’credible, free and fair election in 2023.’’

For the Rivers State governor Nyesom Wike, President Buhari does not have any excuse for not signing the Electoral Act Amendment Bill. He argued that contrary to claims that the President was holding back due to the quagmire over direct and indirect primaries – as embedded in the bill, the main issue remains the electronic transmission of results.

Governors elected on the platform of the Peoples Democratic Party (PDP) had also recently added their voices to several calls for the President to “immediately” sign the revised electoral act amendment bill into law.

The governors in a communique released last Monday after a meeting in Yenagoa, the Bayelsa capital, said the president should sign the bill into law immediately rather than wait for the 30-day duration allowed by the constitution to elapse.

On his part, the Executive Director, Adopt A Goal for Development Initiative, Ariyo-Dare Atoye, enjoined the president to rise above elite’s political conspiracy threatening the legislation and sign it into law.

Atoye stated this in a press statement, titled, ‘’New Electoral Act Bill: Why Buhari Must Act Immediately’’, endorsed by the Centre for Liberty; Raising New Voices, Youth and Students Advocates for Development Initiative; NESSACTION, The Nigerian Alliance, The Art and Civics Table and Speak Out Africa Initiative.

While some experts argued that the “fundamental right next to the right to life is perhaps the right to vote’’, there are those who have also stubbornly submitted that the value of the right to life often depends upon the quality of the circumstances under which the right to vote takes place.

Governor of Sokoto State and Chairman of the PDP Governors’ Forum, Hon. Aminu Tambuwal, stated recently that the only legacy left for the President is to emulate ex-president Goodluck Jonathan by conducting free, fair and credible elections in 2023, saying his credibility is at stake. But, can Buhari really give what many believe that he doesn’t have?