Hope dangles as Electoral Act amendment bill goes to Buhari


For the umpteenth time, the National Assembly recently concluded work on another attempt at amending the Electoral Act, which for record times, was vetoed by President Muhammadu Buhari during the life of the 8th National Assembly. JOSHUA EGBODO writes on the likely fate of the latest effort
Resolved differences
The two houses of the National Assembly began the process of further amendment to the nation’s electoral law, soon after the running 9th assembly was inaugurated, but this time on a more strategic and careful note. Most of the proposals in the draft bill were considered in joint meetings of the Senate and House of Representatives’ committees on Electoral Matters, leaving less room for too many discrepancies.
However, as reports of the panel were considered in the two chambers, a number of clauses in the committees’ proposals were passed with different content, key of which were on the modality of transmitting election results from collation centres by the nation’s electoral umpire; Independent National Electoral Commission (INEC), and how political parties should conduct their primaries for the selection of candidates.
The differences were to be resolved through conference committees of seven-man a side, which harmonised the clauses, but not without protests and pressure mounted by Nigerians, especially, when INEC gave assurances that it could transmit results electronically, a submission that negated arguments canvassed by some members of the House of Representatives, and the Nigeria Communications Commission (NCC), which was invited to provide expert’s perspective in the wake of the confusion.
 The direct primary controversy
With the report of the conference committee laid and adopted by the House of Representatives last Tuesday, and earlier in the Senate, one of the prominent issues; making it mandatory for political parties to use direct primary as the mode of selecting candidates for political offices became a subject of controversy. State governors on the platform of the ruling All Progressives Congress (APC) met and came out with a verdict against the decision of the parliament. The group remained the most prominent opposition to the move.
Gbajabiamila justifies move 
Speaker of the House of Representatives, Femi Gbajabiamila was later to justify his personal stance on the matter, stating that direct primaries would bring more accountability and adequate representation as political office holders would not be restricted to pleasing a group of few people selected as delegates, as was the case with indirect primaries.
Gbajabiamila said he observed that many Nigerians, especially, the youth, want to participate fully in the election of those that would represent them, right from the grassroots, hence his resolve to champion direct primaries. While playing host last Thursday, to a delegation of Nigerian youth on a thank-you visit for his role on direct primaries, led by the Minister of Youth and Sports Development, Sunday Dare, the Speaker said he preferred a situation where the political space is opened for all, including the youth, to participate fully.
“It is important for this generation to open the door of leadership to the next generation. We must allow every Nigerian to participate fully in the process of leadership. I, therefore, stand with Direct Primary. That’s why I said at different fora that I’m for direct primaries. We have to do this for the sake of the institution.
“When you gather yourselves (as youths), chances are that you’ll win. Democracy is a government of the people. Democracy is not just a general election. It starts from the primaries”, he said as he challenged the Nigerian youths to “take advantage of the new amendment,” saying “power is not served a la carte”.
Charging the youth to take advantage of the new amendment, Gbajabiamila said “I’ll ask that you carry that advocacy out there because it’s for you. The youths are the greatest asset of any nation, not just in Nigeria. Since the Not – Too – Young – to- Run, became law, you’ve not taken advantage of that. The Act appears to be a paper tiger. The enabling environment to work for that Act isn’t capitalized on”.
New development backed
During the meeting with Gbajabiamila last week, Minister of Sports and Youth Development, Mr Sunday Dare, who led a delegation comprising representatives of the National Youth Council of Nigeria (NYCN), the Nigerian Youth Parliament (NYP), among others, said: “I want to thank the Hon. Members and the House for the support they’ve been giving us for the past two years of our stewardship. I want to also thank you for your support for the youth of our country.
“Between 65% and 70% of our population are less than 25 years. So, we can’t ignore the youth. I want to plead on behalf of the Nigerian youth that you continue to support youth development. You should also expand the frontiers of youths inclusivity. When the president signed the Not-Too-Young-to-Run Bill, it paved the way for many youths.
“Another door was opened two nights ago. The kudos goes to you and the National Assembly. We support you for direct primaries. It will open the door for Nigerian youths. They will stand in a position to have more say in the political space. As a journalist, and it has been recorded, I know that you moved the amendment of the Electoral Act that has led us to where we are (on direct primaries). I want to urge you to continue to work for the people and champion for the people. I urge you not to relent.
“We believe that the House of Representatives is a true representation of the Nigerian youth. We’ve enjoyed tremendous support from Mr. President in our ministry. I want to thank President Muhammadu Buhari for leading this country to the right path. The Nigerian youths are committed to democracy”.
One of the representatives, Miss Patience Eze, who doubles as spokesperson for NYCN, thanked the Speaker for working for the Nigerian youths in different ways, including on the issue of the direct primaries. “I want to thank the Speaker for what you’re doing for the youths. We appreciate you for pushing for direct primaries, which we believe will give an opportunity to the youths. I assure you that we’ll take the opportunity with the support of people like you. We also appeal that monies should be channelled towards youth development”, she said.
Presidential veto not expected
When attention of the House, through its spokesman, Benjamin Kalu was drawn to repeated decline of assent by President Buhari, to several attempts by the legislature to further amend the Electoral Act, and whether the current bill will not suffer similar fate, he said the document would be ready before the president in one week (from last Tuesday, November 9), and that the House was optimistic, it will be signed into law.
“The beauty of bicameral legislature was displayed today where the two houses of the parliament agreed on this fundamental position that has to do with clause 87 as well as clause 52 for the House and clause 53 for the Senate. This bordered on the issue of transmission of results as well as direct or indirect primary by the political parties. 
“One of such is returning power to the people where this government of the people, by the people and for the people will be seen operating fully for the benefit of the people. That was why the two chambers accepted that for the benefit of the people, the principle of direct primary will outweigh that of indirect primary. 
“The question is where is the legislation heading next? It will go to the Clerk of the National Assembly from where it will go to the President. The matter, in the eyes of the parliament, has been decided. We have asked the bureaucrats to pass the ball fully to the Executive. I am sure that within seven days or thereabout, the legislation will be migrating to the President who is interested in ensuring that democracy in our country is strengthened. This, he has shown in the recent elections in the country where he wanted the people to speak and let the voice of the people be the voice of democracy. We are on the side of Nigerians and all that they want”, Kalu told journalists during a media briefing.
But what if?
Kalu gave an insight into what the House may do should President Buhari decided to veto the all important bill, in the words of many Nigerians. “Whether or not, we still have an option open to us if the President takes a position that we are not convinced about. The law is clear on that in our constitution…But in this case, we will cross the bridge when we get there. There is no need to pre-empt the President by reminding him of the powers of the parliament which are not in dispute at the moment.
Whether the right courage would be mustered by the National Assembly to override the president, in case he decline assent due to political pressure, which is the reason fuelling the pessimism of many now will be what only time will will provide answers.