On Friday February 25, 2022, President Muhammadu Buhari gave assent to the latest and reworked version of the Electoral Act amendment Bill. JOSHUA EGBODO writes on immediate reaction of the House of Representatives on its expectations from the nation’s electoral umpire, INEC, to which the batten has passed.
After a tortuous journey
It was a sigh of relief to majority of Nigerians, when information filtered in, 25 days after the much expected enactment of the latest and reworked alteration Bill to the 2010 Electoral Act, which was for the umpteenth time transmitted to President Muhammadu Buhari for assent, that the president would append his signature to the document by midday of February 25, 2022.
Understandably, analysts say the pessimists ought not be blamed because of the long and challenging journey the amendment had gone through before its final destination. The journey which started way back in the life of the 8th National Assembly saw the president repeatedly vetoing the bill for reasons ranging from drafting errors to other sundry issues. He finally did the same, perhaps, being satisfied with the corrections made, but on the excuse that the document came to him too close to the 2019 general elections.
His condition that unless the National Assembly inserted a caveat that if signed into law, the amendment would not take effect until after the then fast approaching general elections, was however, not attended to by the parliament, which was then at the eve of its exit, signaling the death of the tortuous voyage at the time.
Reps task INEC following presidential assent
With presidential assent given to the bill, the House of Representatives immediately called on the Independent National Electoral Commission (INEC), to earnestly start preparation for the 2023 general elections. The House through a statement by its spokesman, Benjamin Kalu, while commending President Muhammadu Buhari for assent to the bill, congratulated Nigerians on the arrival of a new electoral law, urging the citizens to ensure they registered to vote.
“The House of Representatives congratulates all Nigerians on the signing of the Electoral (Amendment) Bill into law by His Excellency, President Muhammadu Buhari earlier today (last Friday), February 24, 2022. This marks the fulfillment of a key promise made to Nigerians by the 9th House of Representatives- that we would deliver an amended electoral law worthy of our blossoming democracy.
“The House of Representatives recognises that this Act is the product of extensive work and collaboration by all Nigerians, stakeholders, civil society and the National Assembly under the leadership of the Senate President, Senator Ahmed Lawan, and the Speaker, House of Representatives, Rt. Hon. Femi Gbajabiamila, who are committed to doing the business of the people distinctively. We congratulate everyone who has played a role in this process to enhance our democracy through electoral reforms.
“The House also congratulates Mr. President for upholding this legacy for Nigerians by signing the historic bill after several years of hard work. We are confident that this bill which has become law will substantially improve the integrity of Nigerian elections.
“The ball is now in the court of the Independent National Electoral Commission (INEC) to commence preparations for the next elections. The House remains confident in the ability of INEC to deliver credible elections as they faithfully implement this law. We urge Nigerians to take advantage of this by registering and showing up to vote in the coming elections”, the lawmaker said in the statement.
Gbajabiamila also elated
Reacting to the development a few hours later, Speaker of the House, Hon. Femi Gbajabiamila also commended President Muhammadu Buhari for assenting to the Bill, noting that the President’s action was in line with the All Progressives Congress (APC) determination to bequeath a legacy of an improved democracy to Nigerians.
The Speaker commended members of the National Assembly for standing firm in ensuring that the country has a new electoral law that Nigerians would be proud of, stressing that the new law was a product collaborative effort of multiple stakeholders, including Civil society organisations, the Organised Labour, the Media, the Independent National Electoral Commission (INEC). In his opinion, success of such nature will always be obtained when all stakeholders work together in the best interest of the country.
Gbajabiamila who expressed optimism that Nigeria’s democracy stands to gain a lot from the new electoral law, urged all stakeholders, especially the Independent National Electoral Commission (INEC) to ensure that it commence its implementation as soon as necessary.
INEC in action
Immediately after the presidential assent, INEC called for an emergency meeting of the Commission, ostensibly to design a blueprint of compliance with the new Act. National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, who made this known through a press statement, described the new development as historic.
He agreed that the new law contained many progressive provisions that would facilitate the conduct of free, fair and credible elections in Nigeria. “The nation now has the Electoral Act 2022, which replaces the Electoral Act 2010 (as amended). Together with the 1999 Constitution (as amended), the new Act constitutes the principal law to govern the conduct of future elections, including the 2023 general election.
“Given the tight timelines contained in the new law, the commission fully appreciates the importance of proceeding with their implementation in earnest. Consequently, an extraordinary meeting of the commission is scheduled for tomorrow Saturday, February 26, 2022. Thereafter, a statement will be issued on the way forward,” he noted.
The commission had, hitherto, expressed its challenges, especially, on releasing a timetable for the 2023 general elections, as its hands were tied by the uncertainty surrounding the then expected new Electoral Act, more that President Buhari repeatedly withheld assent to the document.
The aftermath of INEC’s meeting was it released the timetable and schedule of activities for the 2023 general elections, and adjusting the presidential and National Assembly elections to February 25, 2023 while the governorship and State Houses of Assembly elections were fixed for March 11, 2023.
But the President’s concerns
Though the new electoral law has been enacted, the question however remains on what the parliament will do on President Buhari’s reservations, this time specifically on Section 84(12). The section in the understanding of many pundits was to cure the practice of massive appointment of aides by political office holders when party conventions are due, as such appointees are usually tagged “special delegates”, who have unhindered access to voting at conventions of the concerned political parties. In such practices, a sitting office holder takes undue advantage of opponents against a level playing ground as expected in democratic governance.
Though the president agreed that the Electoral Act (amendment) Bill 2022, came with a good number of improvements on former attempts, especially, as there were salient and praiseworthy provisions that could positively revolutionise elections in Nigeria, he however, expressed dissatisfaction with the provision of section 84(12).
“This (the good provisions), however, cannot be said about one provision as contained in the proposed bill, which provision constitutes fundamental defect, as it is in conflict with extant constitutional provisions.
“Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
“The section provides as follows: ‘No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.’
“This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
“The practical application of Section 84(12) of the Electoral Bill 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under Section 40 and 42 of the 1999 Constitution (as amended)”.
Between INEC and parliament
The President’s concerns have been seen by analysts as something that should not be constrain for INEC at the moment, as the said provision was purely related to internal issues of political parties, more that INEC by law only play monitoring roles in such exercises. Such pundits have, therefore, agreed that the ball, as stated by the House of Representatives rests squarely in INEC’s field, to deliver a credible election, come 2023.
2022 Electoral Act: As Reps push burden to INEC…
