Last week, both chambers of the National Assembly passed the harmonized version of the 2010 Electoral Act (Amendment) Bill 2021. TAIYE ODEWALE examines the 21 clauses amended in the harmonized version
Meaning of Electoral Act
Electoral Act is the law put in place by an Act of Parliament to guide the conduct of elections by the Independent National Electoral Commission (INEC).
While there were no such laws in place for the conduct of the 1998 local government elections across the country and 1999 General elections which gave birth to the current 4th Republic, such laws have always been put in place for subsequent general elections.
For example ,the 2002 electoral Act brought into existence by the 4th National Assembly was used by INEC for the conduct of 2003 and 2007 general elections while the 2010 Electoral Act brought into existence by the Sixth National Assembly, served as guidelines for INEC for the conduct of 2011, 2015 and 2019 general elections.
Periodically, within a spate of four years interval, each session of the National Assembly is expected to look into an existing electoral Act and carry out amendment on any provisions observed to be deficient in the credibility and sanctity of electoral processes and conduct.
A good example of this was the clause in the 2002 electoral Act which was silent on compulsory announcement of election results by presiding officers at each of the polling units but made mandatory by the 2010 electoral Act which not only made announcement of such results at polling units by presiding officers compulsory but also pasting of the results at the polling units singed by all the party agents before heading to the ward collation centres.
Though by that provisions, the 2010 electoral Act, to considerable extent, added value to the credibility of electoral process in the country but manipulations that are prevented at each of the 119, 983 polling units across the country, are perpetrated by fraudulent key players in the process at the 8, 818 ward collation centres in the country by adding or subtracting scores of targeted political parties.
Apparently worried by the loopholes seriously being exploited by fraudulent politicians and staffers of INEC, the 8th National Assembly came up with an electoral bill which allows for usage of electronic cum technogical devices like smart card reader and electronic transmission of election results from the ward level to the server of INEC in Abuja but refusal of assent to the bill by President Muhammadu Buhari, made it a wasted effort.
Intervention by the 9th Assembly
Worried by the loopholes of not legalising the usage of card reader by INEC and other required electronic/technological devices, the current 9th National Assembly mandated its committees on INEC to come up with required provisions to that effect in the 2021 electoral bill.
As mandated, the committees at both the Senate and the House of Representatives in July this year, submitted a joint report which among others, recommended in clause 52(3), electronic transmission of election results by INEC where and when practicable and in clause 87, gave political parties, option of direct or indirect primaries for election of their candidates for any of the available political posts in a general election.
The Senate ‘s controversial amendment
As remarkable and innovative, the provision of clause 52(3) was then, the Senate bungled it during consideration and passage of the bill in July by amending it in an injurious way to undermine the independence of Nigeria’s election management body, INEC.
The Senate at the time amended clause 52(3) by coming up with a provision that says “Electronic Transmission of Election Results by INEC should be done where the National Network is adjudged by the Nigerian Communications Commission (NCC) to be adequate and secure.”
Expectedly, after months of pummelling by social commentators, the Senate last month, revisited the provision by deleting it outrightly and sustained clause 52(2) which says, “mode of Conduct and transmission of election results by INEC should be at the discretion of the electoral body.”
Also in October, the Senate revisited clause 87 of the bill by making direct primaries compulsory for all political parties as against alternative window of direct or indirect primaries passed in July.
Conference Committee/Harmonisation Report
In line with legislative procedures and processes as regards bill passage and transmission to the presidency for presidential Assent, both the Senate and the House of Representatives needed to harmonize areas of differences in the 158 – clause bill, necessitating conference commitee from both chambers.
The Senate in setting up its own commitee, made the leader, Senator Yahaya Abdullahi (APC Kebbi North) as Chairman while Senators Kabiru Gaya (APC Kano South), Danjuma Goje (APC Gombe Central) , Sani Musa (APC Niger East) Mathew Urhoghide (PDP Edo South), Ajibola Basiru (APC Osun Central) and Uche Ekwunife (PDP Anambra Central) as members.
For the House of Representatives, the conference committee membership were Hon Akeem Adeyemi as Chairman, Aisha Dukku, James Faleke, Blessing Onuh, Ahmed Kalambaina, Chris Azubogu and Hon Unyime Idem as members.
Harmonised report of the committee
After about four weeks of interface, the committee came up with report containing amendments of 21 clauses by adoption of either the Senate or House of Representatives version of the clauses.
The affected clauses are 1, 5, 6, 15, 16, 17, 23, 24, 31, 36, 43, 49, 50, 52, 63, 76, 87, 97, 98, 117 and 135 out of which 14 were adopted from the earlier ones passed by the Senate and the remaining 7 clauses were adopted from earlier ones passed by the House of Representatives .
Aside clauses 52 and 87 that have to do with conduct of election, transmission of results by INEC and mode of primary election by political parties, the other 19 clauses were more of semantics used by one chamber that are different from the ones used by the other chamber with required adoption of one and delection of the other in presenting a single document to the President for assent.
For example, clauses 1, 5 and 6, have to do with the establishment of INEC and its fundamental functions as provided for by section 135 of the 1999 Constitution in which both chambers have no clear cut difference or differences on relevant clauses but mere language of expression used, which made it easy for them to either adopt one or delete the other.
Little wonder that the Leader of the Senate, Yahaya Abdullahi in presenting the harmonized version to Senators last week said, “The objective of the conference commitee was a reconciliation of the differences in a few clauses of the bill as passed by the Senate and the House of Representatives.”
But for clauses 52 and 87, outright amendments earlier carried out on them by the Senate, were adopted.
Clause 52 has to do with mode of conduct of election and transmission of results by INEC which the Senate in July, at the first passage of the bill, shot itself in the foot by subjecting electronic transmission of election results by INEC to approval of NCC as far as National Network is concerned.
While the House in clause 52(3) of the bill, adopted recommendation made by its Committee on INEC that such can be done where and when practicable, the Senate tied the exercise to approval of NCC with attendant backlashes from the public which made it reverse itself last month by deleting the clause 52(3) and retaining just 52.
The retained clause 52(2) which was adopted by the conference commitee of both chambers reads: “Subject to section 63 of this bill, voting at an election and transmission of results under this bill shall be in accordance with the procedure determined by INEC”.
By this provision, the independence of the electoral body has been sustained, as earlier recommended by committees of both chambers on INEC in their separate reports.
The amendment effected on section 87 of the bill and adopted by the conference Commitee of both chambers reads : ” A political party seeking to nominate candidates for elections under this Bill shall hold direct primaries for aspirants to all elective positions , which shall be monitored by the commission.”
The new position was against the earlier one taken in July as contained in section 87(2) which reads: “The procedure for the nomination of candidates by the political parties shall be by direct or indirect primaries.
Though as far as the 2010 Electoral Act (Amendment ) Bill 2021 is concerned, it has been passed by both chambers of the National Assembly without any difference in any of the 158 clauses but clause 87 which has to do with mode of Primaries for political parties is being kicked against by governors across the two major political parties – the All Progressives Congress (APC) and the Peoples Democratic Party (PPDP).
Ironically, as governors across party lines are kicking against it, federal lawmakers across the two major political parties are insisting that the amended clause must stay in taking the party back to members and not selected few called delegates during primary elections.
The question now is, will the bill be assented to by President Muhammadu Buhari in the face of heated disagreement between the governors and the federal lawmakers on provision of clause 87 which imposes direct primaries on all political parties for emergence of their candidates for general elections.
Time will definitely tell.
