2021 Electoral Act Amendment Bill: National Assembly in rowdy session
…Outrage over passage by Senate
…Reps reject Deputy Speaker’s ruling against bill
…Adjourns sitting
By Blessing Wika & Joshua Elekwachi, Abuja
There was rowdy session at the National Assembly yesterday and outrage by Nigerians over the passage of the Electoral Act Amendment Bill 2021 into law by the Senate.
However, at the House of Reps, members rejected position of the Deputy Speaker Idris Wase who had ruled against electronic transmission of results despite a resounding vote in favour of electronic transmission.
The amendment was sought by Sen. Sabi Abdullahi (APC-Niger), while President of Senate, Ahmad Lawan passed the gravel in support of the amendment after a voice vote.
The senators, who voted for Senator Sabi amendment were 52 while that of Sen. Akpan were 28 while 28 senators were absent.
The approval of Sen. Sabi’s amendment proposal, however did not go down well with some senators, who were against the amendment to the clause.
This, resulted in rowdy session, as senators engaged in heated exchange of words.
Senate President Ahmad Lawan, then called for a close session, which lasted for almost 10 mins, given the reverberating exchange of words amongst senators.
Sen. Enyinaya Abaribe (PDP-Abia), after end of the closed clause called for division, having cited order 73, which allows senators to contest the ruling of President of Senate.
Senators, then took turn to vote “Yes or No” on the retention of the clause for electionic voting process as ealier recommended on the bill.
Earlier, while presenting the report, Chairman of the committee Sen.Kabiru Gaya (APC- Kano) said the bill was designed to holistically address all issues affecting the conduct of free, fair and credible elections in the country.
He said National Assembly had made several attempts at amending the Electoral Act No. 6, 2010, but the bill was not assented to by President Muhammadu Buhari.
He, however, said the National Assembly was poised to give Nigerians a new electoral act, thus forming a legislative agenda for the ninth Senate.
“Owing to the challenges experienced in the eight National Assembly as it relates to the Amendment of the Electoral Act, the ninth National Assembly decided to adopt all-encompassing approach in the 2021 Amendment process.”
He said the bill with 158 clauses seeks to regulate conduct of Federal, State and Area Council elections, to make provisions for restriction of qualification for elective offices to the relevant provisions of the constitution of the Federal Republic of Nigeria 1999.
“The bill also provides for use of card readers and other technological devises in elections, political party primaries as it relates to a time line for the submission of list of candidates.
“It also provides for criteria for substitution of candidate, limit of campaign expenses among others.”
He also said that the bill also addresses the omission of names or candidates or logo of political parties in an election and its resultant consequences.
“There are also provisions on guidelines on replacement of lost or destroyed permanent voters card, dates for conducting primary elections shall not be earlier than 180 days before the date of election,” Gaya said.
At the end of the voting process, Senators who voted for the amendment to the clause carried the day given the highest number.
The passing of the bill followed clause-by-clause consideration and adoption of recommendations of report of the Joint Committee on Independent National Electoral Commission (INEC) at plenary.
It amended clause 52(3) of the bill to empower the Nigerian Communication Commission (NCC) to determine suitability of network for electronic voting procedures with approval of National Assembly.
Clause 52(3) of the bill had prescribed that INEC may adopt electronic voting and electronic processes where practicable.
The clause, which had provided for INEC to determine electronic voting process where practicable was however, amended to empower NCC to determine suitability of network to conduct electronic election processes with approval of National Assembly.
Lawan after passage of the bill said: “We have gone through probably the most rigorous process we ever had.
“We had at a point had to go through a division, but that is democracy.
“No hard feelings and I’m sure that Nigerians will appreciate the debt of concern by all of us here.
“Those who voted for amendments and those who voted against, each one of us did so out of conviction for what we believe will be better for this country.
“In this case the Electoral Amendment Bill has now been passed by the Senate and we expect that the House of Representatives, our counterparts will do the same.
“In any case we have even if it’s a single difference between our version and theirs, there will be a committee to harmonise, the conference committee.
“If however, there is no difference between what we have passed here and what they would have passed in the House, this Bill will now be sent to Mr President for his Presidential assent.
“But I want to assure all Nigerians that what the Senate did was to show serious concern and care about the divergent views of Nigerians on the election process in this country.
“All of us want to see an election process that is all inclusive, that is fair, that is equitable and just to everyone, whether someone is in the city or in the villages or in the hamlets.
“We pray that this bill will guide the 2023 general elections so well. And we hope to have a better and more improved election process in 2023.”
A Human Right Activist, Mr Onu Samuel, told Nigerian NewsDirect that it is unbelievable that in a 21st century, the Senate will be bold to take such a decision.”If we ever for a second think that our lawmakers will make laws for the benefit of the common people or give power to the common people, we’re rather deceiving ourselves.
“Imagine what they have done with the electoral bill.”
They knew the introduction of electronic voting and transmission of results will minimize their rigging powers, thus the manipulation of the bill to suit themselves.”
He maintained that the country is still far from getting better as a country with the set of people we have today as legislators.
On his part, a public servant Alexander Nwankwo, said, “They only want to rig back themselves come 2023. They are lucky they are from the north which will blindly vote them back in to power.
“I concluded that nothing good will come from the debate immediately the Senate president asked Nigerians to lobby their representatives to vote their choice amendments. It amounts to insubordination and utra vires for Lawan to insert into a bill what Nigerians never included during the public hearing. It is provocative and affront against Nigeria and the constitution.
“Only the enemy of state will go against or give conditional clause before election result can be transmitted electronically from the pooling booths.”
A former lawmaker, Senator Dino Melaye expressed disappointment on the senators that voted against saying “What a shame and catastrophe.
“Those who voted against electronic transmission of result today including all our senators from Kogi have killed the robust efforts of our founding fathers in building a just and egalitarian Nigeria. Awolowo, Zik and Sadauna turning in their graves.
“The senators have passed electronic transmission of results as part of Electoral Act Amendment Bill which was read for a 3rd time.
“Before INEC can transmit electronically, which NCC must adjudge national coverage is adequate and secure, and to enable National Assembly to approve.
The passage of the section of the bill which caused conflict in the chamber with many lawmakers resulted to heated argument over Senate President Ahmad Lawan’s ruling, and the opposition led by Senate Minority Leader, Enyinnaya Abaribe, and mostly PDP Senators.
A constitutional lawyer, Barr. Solomon Agbo said, “The reasons given by the APC senators for rejection of electronic transmission of election results is obnoxious in 21st century , reason being that NCC had declared that only 43 percent of the country was currently under effective telecommunications coverage.
“I wish to state that this is a deliberate reason by the APC legislators at the Red Chambers to rig the 2023 general election.
“Comparing the event of today at the Red Chambers and the refusal of Mr President assenting a bill that will make card reader report the only means of accreditation of election results excluding manual accreditation that encourages rigging is a deliberate attempt to further make the votes of the electorate not to count.
“The use of the word ‘May’ makes mockery of the whole essence of even presenting the bill for deliberation at the floor of the house. May indicates discretion, a discretion that favours the incumbent executives to rig election in places so desired.
“INEC will have to go with cap in its hand pleading with Pantami to allow it to work. This is nothing but a conspicuous betrayal of people’s trust in the Ahmed Lawan-led Senate.”
