As National Conventions for election of presidential candidates of political parties for the 2023 general elections approach, TAIYE ODEWALE writes on imminent exclusion of statutory delegates.
Meaning of party primaries
Primary elections are conducted by political parties for the purpose of nomination of candidates for available elective positions from ward councilorship, to chairmanship of local government Councils, membership of State Houses of Assembly, House of Representatives and that of the Senate, governorship seat of a State and, of course, presidential position of the country.
Mode of Primaries
As practised over the years in the country and specified in the 2022 Electoral Act, the modes of such primary elections available to any political party, are Direct, Indirect and consensus.
Indirect Primaries as preferred options by APC and PDP
Going by the guidelines rolled out by the two major political parties in the country, i .e, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), indirect mode of primaries are to be or being adopted by them for election of candidates ahead of the 2023 general elections.
The basic difference between direct and indirect primary elections are that , while in a direct primary , all registered or card carrying members of a political party participate in the election, only elected ad – hoc delegates along with statutory and special delegates, participate in the South indirect primaries.
The problem for the ongoing exercise.
At the passage of the 2022 Electoral Act by the National Assembly, many Nigerians first thought that section 84(12) of the Act which prevents political appointees from participating in parties’ congresses and conventions without resigning from offices was the controversial aspect.
But section 84(8) later turned out to be the controversial aspect of the Act.
Section 84(8) states: “A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rule, the procedure for democratic election of delegates to vote at the convention, congress or meeting.
“The expression ‘democratic election’ means emergence by majority vote (be it simple or plural). It is not synonymous with appointment, anointment or selection. A segregation of delegates at party convention or congress for party primaries between ad HOC and special delegates where certain elected office holders get preferential right to load delegates with their hirelings”.
Blunder, omissions at critical stages
At the stage of enacting the law in the National Assembly, none of the two chambers noticed the omissions of Statutory Delegates in section 84(8), the same way President Muhammadu Buhari did not notice it at the point of assenting to the bill in making it an Act of Parliament on Friday, February 25, 2022.
Recall that President Buhari on that day only complained about provisions of section 84(12) of the Act which prevents political appointees from participating in parties’ primaries while still in office either as delegates or contestants for whatever positions.
The President in registering his observation, told leadership of the National Assembly at the occasion to amend the section and infact, later forwarded a written request to that effect which was, however, rejected by both chambers.
11th hour damage control by both chambers on section 84(8)
Penultimate week before embarking on recess for the ongoing political activities, particularly, primary elections in their various political parties, both the Senate and the House of Representatives, hurriedly revisited section 84(8) of the Act by adding statutory delegates to it for the purposes of their participation in the primary election exercise along with other elective public office holders like the President, the Vice President, governors and their deputies, State Houses of Assembly members, elected Chairmen and Vice Chairmen of Local Government Councils as well as elected councilors at the various wards.
These are aside relevant executives of political parties from the ward to the national levels as well as relevant former party officials designated as special delegates.
However going by realities on ground, the 11th hour damage control made by both chambers of the National Assembly, seems to be of no effect arising from the refusal of President Buhari to assent the amendment.
Realities at hand
Though President Buhari may later assent to the amended bill before the national conventions of the two major political parties where their Presidential candidates will emerge but non-inclusion of statutory delegates in section 84(8) at the beginning by the National Assembly and non detection of the blunder by President Buhari at the point of signing, are already causing serious problems for the parties.
The PDP example
One of the political parties already affected by the blunder in the course of its primary elections for State Houses of Assembly, House of Representatives and the Senate, is the Peoples Democratic Party (PDP), that had already conducted those primaries this Sunday and Monday respectively.
As against hundreds of delegates expected to participate in primaries for the federal constituencies seats, the Federal Capital (FCT) chapter of PDP used only 66 delegates for its primary election for the AMAC/Bwari federal constituency two days ago (on Sunday) where Hon Micah Jiba emerged victorious and 120 Ad – hoc delegates for Kuje/ Gwagwalada/ Kwali and Abaji federal constituency.
For the single senatorial seat, only 186 Ad – hoc delegates from the 62 wards across the six Area Councils, participated in the primary election on Monday where Senator Philip Tanimu Aduda emerged as candidate of the party for fourth time representation in the Senate after earlier two terms in the House of Representatives from 2003 to 2011.
Statutory delegates particularly relevant party executives are not happy for being left out of the exercise since they are not on monthly payment.
A party chairman in one of the six Area Councils who craved for anonymity, lamented to Blueprint reporter on Sunday that the 9th National Assembly will not be forgiven for the highly costly omission made in section 84(8) of the 2022 Electoral Act.
“As party executives and by extension Statutory Delegates to elective Congress for these modes of primary elections, our dividends of democracy come through the exercise since we are not on monthly salaries.
“No any Assembly from 1999 till date, has ever made such a mistake like this .
“How would primary elections be taking place and relevant executive officers of the party , will be shut out and even elective public office holders like Hon Councilors, Executive Chairmen of Area Councils and even those of them in the National Assembly ? . This is annoying and somewhat injurious to party democracy itself “, he lamented.
Possible implication for presidential primaries
With the situation at hand , if by Friday this week, President Muhammadu Buhari refuses to sign the hurriedly amended Electoral Act bill into law, it means that for PDP only 1548 Ad – hoc delegates will decide who emerges as the party’s Presidential candidate for the 2023 general election.
This is so because the party’s elected Ad- hoc delegates for such elective convention are two National delegates elected from each of the 774 local government Councils across the country (one able and one physically challenged).
For the APC on the other hand, only 2, 322 elected ad-hoc delegates will decide the fate of its 25 Presidential aspirants on the basis of 3 delegates from each of the 774 local government Councils.
However, if President Muhammadu Buhari assents to the amended Electoral bill latest on or before Friday morning this week, the number of delegates to participate in the National Conventions of both parties will increase to between 6,000 and 8,000 plus.
Whichever arrangements eventually used by both parties will be determined by signing or not signing of the hurriedly Electoral Act amended bill 2022.
