The journey of the legislative proposal for an independent candidacy in Nigeria’s political space began in the 7th assembly of the country’s apex legislature. Each time it resurfaced in successive assemblies, it consistently failed. JOSHUA EGBODO writes on its prospects as the 10th House of Representatives reinvents it
The return
The independent candidacy bill has been one piece of legislative proposal, just like the local government autonomy (now an Act of the Parliament), which has arguably suffered the most failure through successive assemblies.
Unlike the local government autonomy, which made it through in the last attempt, even though some constitutional adjustments are still required to give some provisions the needed effects, the independent candidacy bill is yet to get a breakthrough.
However, a ray of hope came with its recent reintroduction by spokesman of the House of Representatives, after which it scaled second reading and was referred to the Constitution Review Committee of the House of Representatives, Hon. Akin Rotimi, with the technical support of a civil society group, ElectHER.
Specifics
Promoters of the bill, including its sponsor, Rotimi noted that the Independent Candidacy Bill seeks to amend the Constitution of the Federal Republic of Nigeria 1999 (as amended) by creating a legal framework that allows individuals to contest elective offices without being affiliated with a political party.
The alteration will provide citizens with the opportunity to run for public offices at all levels, including local government, state, and federal levels, as independent candidates. They explained further that the bill aims to promote inclusivity, broaden the democratic space, and encourage greater political participation by Nigerians who are not part of any political party.
Rationale for bill
As more supports are being sought and gathered for the renewed move, the promoters stressed that it would address the need for greater diversity in candidate options. They said many Nigerians, especially the youth, women and persons with disabilities feel disconnected from or dissatisfied with the current political parties.
The bill provides a way for those who may not align with existing parties to participate in increasing civic engagement and trust in the electoral system.
“Nigeria’s poor performance on global democracy rankings often stems from a perceived lack of genuine representation. By opening the electoral space to independent candidates, Nigeria can improve its international reputation, demonstrating a clear commitment to more inclusive, responsive governance”, a document explaining the rationale behind the bill stated in part.
It is believed that if enacted as law, it will foster true democratic choice and representation, as well as address public disenchantment with political parties.
Key proposals
Clause two of the proposed bill states that any Nigerian citizen who meets the general qualifications for running for office in terms of age, residency, and education can contest elections as an independent candidate. There is no requirement to be a member or a past member of any political party or to have an affiliation with any political party.
To run as an independent candidate under the proposed law, the person only need to gather signatures from at least 10 percent of the registered voters in their area, which could be an electoral ward, a senatorial district, or even a whole state, depending on the position the intending person is seeing election to.
“These signatures are important because they show that the candidate has real support from the people in their community”, the document earlier referenced stated.
It is further proposed that before the candidate is allowed to run, the Independent National Electoral Commission (INEC) will have to check and verify all the signatures to make sure they are valid, and that the candidate truly has enough backing from voters.
“This requirement is in place to prevent just anyone from running for office without any real support. It acts as a control to make sure that only serious candidates with genuine public backing can contest, reducing the risk of too many unqualified candidates crowding elections”, it explained.
Refundable security deposit
As part of the nomination process, the bill proposed that independent candidates must pay a security deposit to the INEC). “This deposit serves as a commitment to their candidacy and ensures that they are serious about contesting the election. The security deposit is refundable, but only under certain conditions.
Specifically, the candidate must secure at least 10% of the total votes cast in the election. If the candidate fails to reach this threshold, the deposit is forfeited.
“This regulation ensures that only candidates with genuine public support and a reasonable
chance of success seek nomination as independent candidates. The purpose of this rule is to discourage individuals who do not have substantial backing from the electorate from contesting”, the document explained.
Guarantees equal rights
It is assured in the proposal that independent candidates will enjoy the same rights and privileges as party-sponsored candidates, including access to public debates, media coverage, and adherence to campaign financing rules.
The bill proposed that INEC will ensure that independent candidates are not discriminated against and are held to the same standards as candidates from political parties.
In clause nine, the bill proposed that INEC will create and implement specific guidelines for the nomination, verification, and participation of independent candidates. Also, INEC is also tasked with conducting public awareness campaigns to educate the electorate about the role of independent candidates and how they can participate in the electoral process.
Expected benefits
Analysts and and promoters of the proposed bill have assured that the piece of legislation will provide an opportunity for more citizens to participate in the electoral process, empowering individuals who may not have access to traditional party structures but have strong community support and leadership potentials.
“Independent candidacy creates a pathway for
underrepresented groups, such as women, youth, and marginalised communities, to participate in politics, fostering a more inclusive and diverse political landscape”, they said.
It is further believed that by allowing individuals to run without party affiliation, this bill of legislation will challenge the dominance of a few political parties, creating more competition and reducing the potential for entrenched political monopolies, and also, promote issue-based campaigns. This, they said will encourage candidates to prioritise the needs of their constituents, improving the quality of representation and governance.
“By offering an alternative to party-driven candidacies, this piece of legislation will reduce the internal conflicts and power struggles that often characterize party politics, allowing candidates to focus on policy issues rather than political allegiance”, the promoters stated.
The prospects question
Noble as the provisions of the bill seemingly are, there are yet a lot of pessimism, leaving a bleak prospect for the proposed legislation. Pundits argued however that the pessimists are not to be blamed however, taking into deep consideration, the dashed journeys of past attempts.
It is constitutionally required that two-third of of the 36 state Houses of Assembly must endorse any proposed alteration clause to make it pass as part of the Nigerian Constitution, which is one of the biggest huddles on the way. Another is the buy-in of majority of members of the National Assembly.
However, its sponsor, Rotimi disclosed that his colleagues in the House and several Senators have given their assurances and “eagerly waiting to receive the bill” and vote in support to pass it. “The passage of this Bill by the 10th National Assembly, and its assent by the President presents a unique opportunity to shape history and chart a lasting legacy for Nigeria’s democratic journey”, Rotimi said in optimism.
Also, the institutional partner on the bill; ElectHER which is deeply involved in promoting active participation in governance, democratising socio-economic opportunities, and greater
inclusivity has expressed optimism that with awareness, Nigerians will support the passage of the bill.
Founder and CEO of the organisation, Ms Ibijoke Faborede at a recent media engagement on the bill said its recommittal to the Constitution Review Committee of the House of Representatives was already “a critical milestone” in its journey, saying that Nigerians could engage on the bill through www.elect-her.org; partnerships@elect-her.org.
As the constitution review exercise progresses, Nigerians are waiting to see if the independent candidacy bill will scale the huddles alongside the hundreds of other proposals in the drive to improve the nation’s electoral system.