Electoral Act Amendment Bill: Senate, Reps approve consensus for political parties

…Parties to secure written consent on voluntary withdrawal, endorsement from all aspirants

Uthman Salami and Abimbola Abatta

The Senate and House of Representatives have constitutionalised consensus as one of the modes for selection of party flagbearers in the country.

It was resolved that political parties that adopt a consensus candidate must secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.

In addition to constitutionalising the consensus mode, the duo of the Senate and House of Representatives maintained the direct and indirect modes of conducting primary elections by political parties.

Senate at plenary on Tuesday passed a report which followed the adoption of a motion sponsored by Sen. Abdullahi Yahaya (APC-Kebbi) on “Rescission on Clause 84 of the Electoral Act Amendment Bill and Committal to the Committee of the Whole.”

In a brief deliberation on Tuesday in Abuja, the House of Representatives amended the controversial Clause 84 of the Bill and passed the Electoral Act Amendment Bill, thereby agreeing with the Senate on consensus as part of the three modes of conducting party primaries.

While presenting his motion, Senator Yahaya said the Senate had on January 19 reconsidered section 84 of the Electoral Act Bill, following the withholding of assent by President Muhammadu Buhari.

Yahaya said there were some fundamental issues that required fresh legislative action by both chambers of the National Assembly on clause 84 of the bill, which according to him necessitated a joint leadership meeting of the National Assembly to give Nigerians an enduring electoral act.

President of Senate, Dr Ahmad Lawan after the adoption of the motion, said by passing the amendment on clause 84, the national assembly has concluded its task on the electoral act amendment bill.

Saying the mode of direct and indirect primaries was well defined as to how it would be conducted, he added that for the consensus, the two chambers produced a very clear definition of how a consensus candidate could emerge.

He expressed optimism that President Muhammadu Buhari would sign the bill, noting that the National Assembly was glad it was able to achieve the consensus.

Lawal said, “Our desire is to ensure that we reform the electoral processes in Nigeria, for better transparency, better accountability, and integrity and to the satisfaction of Nigerians.

“Political parties, when the bill is signed into law would have the responsibility to ensure they follow the law, otherwise they will end up missing the opportunity to participate in the elections.”

He thanked the lawmakers for ensuring the passage of the bill, saying that the bill would ensure that the votes of every Nigerian would count.

Meanwhile, the amended bill provides in clause 84 (2) that, “the procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or Consensus.”

It added in 84(3) that “a political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirant or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

On Direct Primaries in 84 (4), the amended version provides that, “A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party and shall adopt the procedure outlined below:

“(a) In the case of Presidential Primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre at each ward of the Federation.

“(b) The procedure in paragraph (a) above of this subsection shall be adopted for direct primaries in respect of Gubernatorial, Senatorial, Federal and State Constituencies.

“(c) Special Conventions or Congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”

On Indirect Primaries, the bill provides under 84(5) that, “A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below:

“(a) In the case of nominations to the position of Presidential candidate, the political party shall – (i) hold a Special Presidential Convention at a designated centre in the FCT or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for aspirants of their choice.

“(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the Presidential primaries of the political party and that aspirant’s name shall be forwarded to the Commission as the candidate of the party.”

It further provides under 84(7) that, “Where there is only one aspirant or a consensus candidate in a political party for any of the elective positions mentioned in subsection (5)(a), (b), (c) and (d), the party shall convene a special convention or congress at a designated Centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Independent National Electoral Commission as the candidate of the party.”

The Electoral Bill provides in 84(8) that, “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 the democratic election of delegates to vote at the convention, congress meeting.”

On Consensus Candidate, the bill in 84(9)(a) provides, “A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.”

It goes further in paragraph (b) that, “Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.”

In paragraph (c), the bill states that, “A Special Convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”