Electoral Bill: Senate in the eye of the storm over Clause 52(3)

Five days after the passage of Electoral Act (Amendment) Bill in the Senate, Senators who voted for amendment of clause 52(3), remain in the eye of the storm. TAIYE ODEWALE reports 
Provision of the clause 

Clause 52(3) of the Electoral Act ( Amendment ) Bill which deals with electronic transmission of results as originally recommended by joint committees of both chambers of the National Assembly states: “The commission may transmit results of elections by electronic means where and when practicable.”
But during clause by clause consideration of the 154-clause  report in the Senate, clause 52(3) was amended thus: “INEC may consider electronic transmission of results provided the national network coverage is adjudged to be adequate and secure by the Nigerian Communication Commission ( NCC)”.


Storm over the amendment 
Expectedly, the amendment done through a motion moved to that effect by the Deputy Whip of the Senate, Senator Aliyu Sabi Abdullahi (APC Niger North), created uproar in the Senate as Senators kicked against the ruling made by the President of the Senate, Ahmad Lawan.
Specifically, Senator Albert Akpan Bassey (PDP Akwa Ibom North East), countered the amendment made by Senator Aliyu Sabi Abdullahi.
Bassey Akpan in his own amendment sought for retention of the provision as originally proposed by the committee which was, however, voted against when put to voice votes as ruled by the President of the Senate, Ahmad Lawan.
After the ruling, the Senate was in stalemate for about 15 minutes, which led to a hurried closed door session.
Apparently failing to reach consensus on the matter at the closed door session which lasted for about an hour, the Senate Minority Leader, Enyinnaya Abaribe rose through order 73 of the Senate Standing Rules to call for division on amendment sought by Senator Albert Bassey Akpan.
Though the Leader of the Senate, Senator Yahaya Abdullahi (APC Kebbi North) and Senator Micheal Opeyemi Bamidele (APC Ekiti Central), separately made spirited efforts to make Abaribe withdraw his motion on division, but Abaribe stood his ground for the division and physical counting of votes.


Physical voting 
Before the physical voting done by calling the senators one after the other state by state, the President of the Senate explained to them that those in favour of amendment made by Senator Sabi Abdullahi should say ‘no’, while those for counter amendment made by Senator Albert Bassey should say yes.
After the explanation, the Clerk of the Senate, Ibrahim El – Ladan presided over the election by calling the senators one after the other according to their states.
At the end of the physical voting which lasted for about 40 minutes, a total of 80 senators voted, out of which 52 voted for the amendment made by Senator Sabi Abdullahi and 28 voted for original provision of the clause. 
As announced by the Clerk, 28 Senators were absent during the division and voting session.
While all the 50 out of the 52 senators who voted for the amendment belonged to the ruling All Progressives Congress (APC), 26 out of the 28 senators who voted against the amendment belonged to the Peoples Democratic Party (PDP), indicating party line of voting. 
Ironically, the Chairman of Senate Committee on INEC, Senator Kabiru Gaya who presented the report with original provision of clause 52(3), voted against it by saying no to Senator Albert Bassey’s call for its retention.
Fearing the backlash that may follow, all the three senators from Anambra and Ogun states, ran away at the start of the physical voting, the same way two out of the three Senators from Oyo state, hurriedly bolted out of the chamber before the commencement of voting.
On the basis of ‘yes’ and ‘no’ vote for the original provision of the clause, those who voted for no, were Senators Orji Uzor Kalu (  Abia North ), Ishaku Elisha (Adamawa North), Dahiru Aishatu Binani (Adamawa Central), Jika Daudu Haliru (Bauchi Central), Bukachuwa Adamu Muhammad ( Bauchi North) and Degi Eremienyo ( Bayelsa East).
Others are Senators Abubakar Kyari ( Borno North), Shettima Kashim ( Borno Central), Ali Ndume ( Borno South), Stephen Odey ( Cross River North), Ovie Omo – Agege ( Delta Central), Peter Nwaoboshi ( Delta North), Francis Alimikhena ( Edo North) and Opeyemi Bamidele ( Ekiti Central). 
Also voted ‘no’ were Danjuma Goje (Gombe Central), Amos Bulus (Gombe South), Alkali Saidu (Gombe North), Frank Ibezim (Imo North), Hadeija Hassan Ibrahim (Jigawa North East), Abdul-Kwari Suleiman (Kaduna North), Uba Sani ( Kaduna Central), Kabiru Gaya (Kano South), Ahmad Babba Kaita (Katsina North), Mundiya Bello (Katsina South) and Abdullahi Barkiya (Katsina Central).
Others are Yahaya Abdullahi (Kebbi North), Abdullahi Adamu Aliero (Kebbi Central), Oseni Yakubu ( Kogi Central), Smart Adeyemi (Kogi West), Isah Jibrin (Kogi East), Lola Ashiru (Kwara South), Yahaya Oloriegbe (Kwara Central).
Senators Oluremi Tinubu (Lagos Central), Olamilekan  Adeola (Lagos West), Adamu Abdullahi (Nasarawa West), Tanko Al -Makura (Nasarawa North), Akwashiki Godiya (Nasarawa South), Mohammed Sani (Niger East), Abdullahi Aliyu Sabi (Niger North), Bima Enagi (Niger South), Robert Boroffice ( Ondo North), Basiru Ajibola (Osun Central), Adelere Oriolowo (Osun West), Dimka Ayuba( Plateau Central), Ibrahim Gobir (Sokoto East) Yusuf Yusuf (Taraba Central), Isa Shuaibu Lau (Taraba North) Bomai Ibrahim Mohammed (Yobe South), Sahabi Ya’u (Zamfara North) and Lawali Hassan Anka (Zamfara West), also voted no by supporting the amendment made to the clause.
Those who voted ‘yes’ in retaining the original proposal made in clause 52(3) by the committee were Senators Enyinnaya Abaribe (Abia South), Albert Bassey Akpan (Akwa Ibom North East), Christopher Ekpenyong (Akwa Ibom North West), Eyakenyi Akon ( Akwa Ibom South), Seriake Dickson (Bayelsa West), Orker – Jev Emmanuel (Benue North West), Onor Sandy Ojang (Cross River Central) and Gershom Bassey (Cross River South).


Others were James Manager (Delta South), Sam Egwu (Ebonyi North), Obinna Ogba (Ebonyi Central), Ordia Clifford (Edo Central), Mathew Urhoghide (Edo South), Abiodun Olujimi (Ekiti South), Chukwuka Utazi (Enugu North), Ezenwa Francis (Imo East) and Danjuma Laah (Kaduna South).
Also in the category of Senators who voted for retention of provision of the clause without amendment requiring inclusion of the NCC,  are  Senators, Ayo Akinyelure (Ondo Central), Francis Fadaunsi (Osun East), Kola Balogun (Oyo South), Gyang Itsifanus Dung (Plateau North), Barinada Mpigi ( Rivers South East), Betty Apiafi ( Rivers South), George Sekibo (Rivers East), Abdullahi Ibrahim Danbaba (Sokoto South) and  Emmanuel Bwacha (Taraba South).


Backlash 
Though none of the two categories of Senators outrightly voted against electronic transmission of election results by INEC but since those who voted for amendment of clause 52(3) said no to the original provision which gives INEC discretion on where and when to exercise the power, were reported to have voted against electronic transmission of election results, they became victims of backlashes from the public.
In weathering the storm, the affected senators resorted to issuance of statements of clarifications on their stance on electronic transmission of results by INEC.
First to do so was Senator Opeyemi Bamidele (APC Ekiti Central) who said “voting no on the clause is far from being a choice in rejection of electronic transmission of results by INEC.
“The voting and subsequent division was not about making a choice between  supporting or rejecting electronic transmission of election results but how it should be done by carrying all Nigerians along “.
Aside Senator Opeyemi Bamidele  other Senators who voted no during the division like the Senate’s spokesperson , Ajibola Basiru (Osun Central), the Deputy President of the Senate, Ovie Omo – Agege and even the President of the Senate, Ahmad Lawan,  who as the Presiding officer, did not vote, made separate clarifications in the heat of the backlash.


Lawan in his own clarification made to journalists in Damaturu on Saturday said: “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).
“All of us in the Senate, 109 of us, believe that at one point, our electoral process must deploy electronic transmission so that it eases and enhances the electoral process and give it more credibility and integrity.
“But you see, when you have not reached that stage where you could deploy the electronic transmission from every part of the country, then you have to be very careful. And no matter what anybody may say, you cannot have about 50 percent of Nigerian voters not participating or not getting their votes counted in elections and say it doesn’t matter, that we have to start the electronic transmission.
“We know the evils of not transmitting results electronically but compare the evils of electronically transmitting just half of the electoral votes from Nigerians and say you have elected a President with 50 percent only.
“The National Communication Commission(NCC), had provided the technical information that only NCC could give -that only about 50 percent of the Nigerian environment, the polling units, in the country could possibly have their results electronically transmitted.
“So what happens to the other 50 percent. So we believe that all of us in the Senate were aiming at the same target but chose to go through different routes and that is why in my concluded remarks in the Senate after the debate and voting, I said there was no Victor, no Vanquish because we all meant well”.
Perhaps, when conference committees of both chambers are set up for harmonisation of reports on the bill, the original proposal of clause 52(3) may be retained since it was not amended in anyway by the House of Representatives.