Electoral Act 2022: Swift decisive action paramount on assent to amendment bill
The Electoral Act 2022 has over time in its building-up remained a subject of controversies. From its stage of initial passage to the President for assent into law, controversies have not ceased from its profile. The initial withholding of assent by President Muhammadu Buhari at the onset with claims of some of its provisions, particularly those having to do with party primaries, capable of springing forth crises within parties were, among others, noted for explanations of hostility of the President from signing same into law. Issues of overriding the President’s veto loomed following foot dragging of assent, but never took course as the return of the Bill to the National Assembly with the President’s side of view were accommodated by the parliament, and amendments were effected. While the bill was later assented to by the President Friday February 25th, 2022, further issues have risen demanding more amendments.
Wednesday, 11th May, 2022, as primaries of political parties to elect their candidates for the 2023 general elections loom, the Senate had hurriedly amended the recently passed 2022 Electoral Act to allow statutory delegates participate in the process. The statutory delegates include president, governors, National and State Assembly members, local government chairmen and councillors. The Senate, amended Section 84 (8) of the Electoral Act 2022, which would give room for statutory delegates to participate in political parties’ congresses and conventions. The version, which was assented to President Buhari in February, prevents statutory delegates from taking part in party primaries. Statutory delegates to congresses and conventions of political parties are elected councillors in all the over 8,000 wards across the country, elected chairmen and vice chairmen of the 774 local councils, elected members of state Houses of Assembly, elected federal lawmakers in the National Assembly, and governors of the 36 states and their deputies. Others include the President and Vice President of the country and executives of political parties at the state and federal levels as well as chairmen of parties at the local government level. The amendment was sequel to a bill sponsored by the Deputy President of the Senate, Senator Ovie Omo-Agege (APC, Delta Central), with the upper chamber holding that the unintended error committed by the omission must be corrected before the commencement of party primaries May ending, thus what informed the expeditious consideration and passage in a session. Similar speed was recorded in the session of the lower chamber passing the bill. In his presentation, Omo-Agege had specifically, in the bill entitled: “A bill for an act to amend the 2022 Electoral Act no 13 and for other related matters,” said section 84(8) of the Electoral Act 2022 does not provide for the participation of what was generally known as statutory delegates in conventions, congresses or meetings of political parties held to nominate candidates for general elections. The Lawmaker, Omo- Agege had said: “It is my profound pleasure to have the privilege of leading the debate on this very important Bill which seeks to amend the Electoral Act 2022 to make provision for delegates who, not being elected delegates, as prescribed in the constitution of a political party to participate in the convention, congress or meeting of the party.”
As pressure mounts on the President to assent to the amended section 84 (8) by the National Assembly, divergence of opinions have taken the stage. A coalition of 24 election monitoring groups under the aegis of Coalition of Election Monitors and Observers (CEMO), had Monday, 24th, May, 2022, cautioned President Muhammadu Buhari against signing the amendment to the Electoral Act 2022. The coalition argued that signing the document a few days to party primaries to elect candidates would bear consequences of serious political crisis. National Convener of CEMO, Dr. Idris Yabu, while presenting a report after the meeting of the coalition, in Abuja, on Monday, was quoted: “It is now too late since political parties have already commenced activities for the 2023 elections under the provisions of the extant law. After a very extensive review and consultations on the issue, we submit that the amendments sought to Section 84 of the Electoral Act 2022, as desirable as they may be, have been overtaken by events leading to the 2023 general elections. It is instructive to note that political parties, especially the two major political parties in Nigeria have already started the electoral processes under the timelines, schedules and rules prescribed by the provisions of the extant Electoral Act 2022. More importantly, it must be noted that political parties have already structured their timetables, sold nomination forms, screened aspirants, conducted congresses, elected delegates, with major parties already holding primaries and candidates already emerging under the rules provided for in the current Electoral Act, 2022.
“In this regard, any alteration or amendment to the Electoral Act, at this moment, will amount to changing the rules in the middle of the game. Such will be dangerous and counter-productive to our democratic process. It will trigger widespread political crisis and result in litigations that can derail the 2023 general elections. Our observation shows that political parties, aspirants and the electorate have already adjusted to the current provision of Section 84 of the Electoral Act. Candidates are already peacefully emerging. Any alteration at this moment has the propensity of dislocating the current political tranquility in the country and disrupt the entire electoral process.
“CEMO therefore urges President Muhammadu Buhari to save the nation from a serious political crisis at this moment by returning the Amendment Bill to the National Assembly for reprocessing for future elections. CEMO also urges the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) to advise Mr. President in this direction to avoid political crisis and ensure the smooth conduct of the 2023 general elections.”
Recall that the House of Representatives Minority Caucus had earlier urged President Buhari to without delay sign the one item amendment to the Electoral Act 2022 to avert political crisis in the country. Maintaining that the issue was affecting pending primaries of the political parties, the caucus had urged “President Buhari to note that any further delay in signing the amendment to the Electoral Act to give political parties a sense of direction in the conduct of primaries for the election of candidates for the 2023 general elections has the capacity to derail our entire democratic process and destabilise our dear nation.”
In a statement by the Minority Leader of the House, Ndudi Elumelu, on Thursday, 19th May, 2022, the Lawmakers had maintained that: “The caucus notes with grave concern that Mr. President’s delay in signing the single amendment to Section 84 (8) of the Electoral Act 2022 has thrown the nation into serious confusion and constitutes a huge threat to our democracy and the smooth conduct of the 2023 general elections, As representatives of the people, the Minority Caucus urges Mr. President to avert an imminent political crisis which has the capacity of exacerbating the security situation in the country by immediately signing the Amendment to the Electoral Act 2022 and leave a legacy of a credible electoral process to the nation. Our caucus calls on all Nigerians, the Civil Society, the International Community and all lovers of democracy to prevail on President Buhari to immediately sign the amendment to the Electoral Act 2022 and save our nation from an avoidable crisis.”
Although, there were reports that the President over the weekend signed the Electoral Act Amendment Bill, official sources debunked such claims. The controversies surrounding the subject remain contrasting. It is of importance that the Presidency takes its position, as swift as possible, to avert actions that may be seen in their lateness as incursions capable of disrupting and/or thwarting the process against plans. A timely decision giving clarity of arrangement would rather give a good course of direction against a late response that may disorganise and subvert processes. It behooves the Presidency to take a stand and make its position known without delay for sanity of purposes, bearing in mind the sacrosance of the Act as the statutory framework to guide the process of the 2023 General Elections as a crucial pillar of democratic sustenance.
