Eniola Akinkuotu, Friday Olokor and Leke Baiyewu
1 February 2022
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The President, Major General Muhammadu Buhari (retd.), on Monday, received the Electoral Act Amendment Bill. However, the fate of the bill will again be sealed by an advisory presented by the Attorney-General of the Federation, Abubakar Malami (SAN), sources have told The PUNCH.
The PUNCH had exclusively reported in December that Malami had in a letter advised the President against signing the Electoral Act because of the controversial mandatory primary which has now been removed by the National Assembly.
However, top sources told this newspaper that the President may also be seeking the input of the Nigerian Communications Commission with regard to the electronic transmission of results which is another contentious issue in the bill that was eventually resolved.
Although the Independent National Electoral Commission said it had the capacity to transmit election results across the country, the NCC told the National Assembly that the country did not have enough Internet coverage across the country. The Senate subsequently mandated INEC to seek permission from the legislature and the NCC before the electronic transmission of results.
Eventually, both chambers of the National Assembly empowered INEC to transmit results electronically where practicable.
A top government official said, “The President has received the bill. As usual, he will be seeking clarification from critical stakeholders before signing the bill. However, we don’t expect him to delay the bill by 30 days like the last time because we are running out of time.”
When asked if Malami would also be making an input, the official responded, “There is no bill that Buhari signs without consulting Malami. He is the Attorney-General of the country and one of the President’s men.”
The official further stated that the NCC was one of the stakeholders and it was only normal for the President to consult the commission.
“The NCC, NITDA and the Ministry of Communications and Digital Economy will also play a critical part,” the official said.
The National Assembly, on Monday, transmitted the revised Electoral Act (Amendment) Bill to the President for assent.
The Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Babajide Omoworare, made this known via a statement he personally signed after the transmission.
Titled ‘Transmission of the Electoral Bill 2022,’ the statement read, “The Clerk to the National Assembly, Mr. Olatunde Amos Ojo, has transmitted the authenticated copies of the Electoral Bill 2022 to the President of the Federal Republic of Nigeria, Muhammadu Buhari, GCFR, on January 31, 2022.
“This was done in accordance with the provisions of Section 58 (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Acts Authentication Act Cap. A2 LFN 2004
“Mr. President had withheld assent to the Electoral Bill 2021 transmitted to him on November 19, 2021. The electoral bill was thereafter reworked by the National Assembly and both the Senate and the House of Representatives passed the same on 25th January 2022.”
The federal parliament had since Tuesday last week amended the electoral bill for the second time by concurring on consensus candidacy and setting fresh conditions for political parties in the nomination of candidates for elections.
The President had in December vetoed the electoral bill and sent it back to the National Assembly over the restriction of political parties to direct primary, insisting on the direct or indirect.
The House had amended Clause Section 87 of the Electoral Act 2010, which is Clause 84 of the Electoral Act (Amendment) Bill, by inserting the indirect primary option.
The Senate, however, not only added indirect primary but also consensus adoption of candidates for elections by a political party.
By passing different amendments to the bill, the Senate and the House were expected to refer the versions to a conference committee to harmonise the differences and report back for final passage and transmission to the President for assent.
However, both the Senate and the House of Representatives, last week, took a shorter route by rescinding their decisions on the amendments last week and re-amending the electoral bill.
This time, the House concurred with the Senate on the consensus, while both chambers passed the same conditions set for the option.
In a chat with The PUNCH on Monday, the Convener, Coalition in Defence of Nigerian Democracy and Constitution, Ariyo-Dare Atoye, called on Malami not to stop the passage of the bill.
Atoye said, “We advise the AGF not to do anything funny or connive with those who are already finding a new reason for the President not to sign the bill. Already, the National Assembly has met the expectations of the President even with the inclusion of consensus arrangement which many believe is undemocratic.
“We hope that the President will sign this bill in a matter of days without making us wait for long. However, if the President has any further concern about the bill, he should go by the way of the PIA and 2022 Appropriation Act by signing the bill and sending his concern for further amendment to the National Assembly.”
Atoye noted that the Independent National Electoral Commission had said it would not release the 2023 election timetable until the Electoral Act amendment had been completed.
“The President should not allow the bill to be caught up in the APC politics of convention,” he warned.
Attempts to get a response from Malami’s Spokesman, Umar Gwandu, proved abortive as he neither responded to a call nor a text message on Monday.
Meanwhile, a civil rights organisation under the aegis of Policy and Legal Advocacy Centre on Monday expressed fears that the delay by the President in signing the bill could be a major threat to the 2023 elections.
The organisation also expressed fears that except measures were taken to stem the tide of stifling the civil space, Nigeria might be returning to the dark days of military regime.
The Executive Director of PLAC and human rights activist, Clement Nwankwo, stated these in an interview with journalists during a dialogue session on “Closing civic space and its effect on advocacy and freedom to participate in governance.”