By Jeph Ajobaju, Chief Copy Editor
Peoples Democratic Party (PDP) Governors’ Forum has reiterated that removing electronic transmission of election results from the Electoral Act violates the Constitution and usurps the powers of the Independent National Electoral Commission (INEC) to conduct free and fair ballots.
A statement issued by Sokoto State Governor and PDP Governors’ Forum Chairman, Aminu Tambuwal, urged the NASS to adopt the version of the Electoral Bill passed by the House of Representatives that retains power in the hands of voters.
The statement made 10 suggestions listed below:
1. Amending the Electoral Act
The National Assembly (NASS) should immediately set up its Conference Committee to harmonise the different versions of the Electoral Act Amendment Bills passed by both Chambers, “with a clear mandate to harken to the wishes of Nigerians and be guided by the national interest, particularly on the issue of electronic transmission of results.”
2. Delay will cause damage
The Forum insists that a further delay in passing and assenting to the Electoral Act Amendment Bill will do grievous and irreparable damage to preparations for the 2023 elections.
3. Adopt Electoral Bill version passed by Reps
The Senate and House of Representatives (House) Conference Committee, when set up, should adopt the House version of the Electoral Act Amendment Bill on the issue of Electronic Transmission.
Section 52(2) of the House version says: “Voting at an election and transmission of result under this Bill shall be in accordance with the procedure determined by the Commission.”
Section 52 (2) of the Senate version provides: “The Commission may consider electronic transmission of results provided that the national coverage is adjudged to be adequate and secure by the Nigeria Communications Commission (NCC) and approved by the National Assembly.”
4. Violation of the Constitution, usurpation of INEC powers
The Senate version, which subjects the decision of the INEC to deploy electronic transmission to the decision of the NCC and NASS, is “manifestly a usurpation of the powers of INEC and offends … the Nigerian Constitution that guarantees INEC’s autonomy and independence.”
5. INEC has capacity for e-transmission of results
The Forum recognises that the INEC has demonstrated the capacity to transmit votes electronically, both in recent off season elections and with the deployment of Biomodel Voters Accreditation System (BVAs) in the recent bye-election in Delta State.
6. NASS already approved Section 63(5)
Both Senate and House Conferences had already approved S.63(5) of the Bill as follows: “The Presiding officer shall transmit the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.”
S.52 (2) of the Senate version is “manifestly inconsistent” with S.63 (5) in the same Bill. “No doubt, S.63 (5), which both Chambers approved, is consistent with S.52 (2) of the House version and should be upheld by the Conference Committee.
“The Conference has no choice but to adopt the House version as to do otherwise would lead to unnecessary complications and conflicts even within the Bill.”
7. Conducting party primaries
PDP Governors request the NASS Conference Committee to jettison the House of Representatives decision that has the effect of forcing all political parties to adopt only one method of conducting primaries.
The House amended S.87 (1) of the Act by deleting indirect primaries and mandating only direct primaries.
8. Adoption of direct or indirect primaries
Political parties should be allowed discretion to adopt either direct or indirect primaries in their constitutions and in practice.
The Senate version that retains the original provision in the Electoral Act should be adopted “in the interest of the growth of our political parties and freedom of choice, the hallmark of a functional democracy.”
9. Need to ensure free and credible elections
This intervention of the PDP Governors is predicted on the need to ensure a free, fair and credible election, that strengthens Nigeria’s democracy, constitutionalism and rule of law.
“Only a credible election will guarantee accountability and good governance which Nigeria so desperately needs today.”
10. Only credible ballot guarantees voter’s power
Nigerians should rise and demand no less from her politicians. It is only credible elections that put power in the hands of the people.
“This is not a partisan issue. It is not a regional or religious matter. The NASS should act in a patriotic manner as representatives of the people of Nigeria.”
