Senate retains direct and indirect primaries as in the old Act
By Jeph Ajobaju, Chief Copy Editor
Senators have tinkered with the Electoral Act (Amendment) Bill to retain both direct and direct primaries, instead of just direct primaries, dealing a damper on national agitation but to the delight of Muhammadu Buhari who did not sign the old version.
Senate President Ahmad Lawan had pledged on Tuesday to speed up the amendment to provide legal backing for preparation for the 2023 ballot, including enabling the Independent National Electoral Commission (INEC) to deploy resources.
He spoke after INEC Chairman Mahmood Yakubu announced in Abuja the same day that election timetable will not be released until the bill is signed into law.
The Senate on Wednesday re-amended the bill passed by the National Assembly (NASS) on November 18, 2021 and sent to Buhari the following, but which he refused to assent to because of the sole specification direct primaries.
The Chamber in Clause 84(2) of the report approved direct, indirect primaries or consensus for the nomination of candidates by political parties for elective positions.
It also approved recommended Clause 84(3) which says, “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.”
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Clause amendment
Clause 84(4) provides 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, a political party shall, (i) hold special conventions in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at designated centres in each State Capital on specified dates.”
The clause provides that a National Convention be held for the ratification of the candidate with the highest number of votes.
The amendment followed a motion for its re-committal to the Committee of the Whole sponsored by Senate Leader Yahaya Abdullahi (APC, Kebbi North).
Abdullahi recounted that Buhari withheld assent to the version passed last November based on his observation in Clause 84.
Buhari’s letter
Buhari in his letter dated December 13, 2021 addressed to Lawan explained that he withheld assent based on advice from Ministries, Departments and Agencies (MDAs) after a thorough review.
He said signing the bill into law would have serious adverse legal, financial, economic and security consequences in view of Nigeria’s peculiarities and impact negatively on citizens’ right to participate in government.
Abdullahi explained that the motion for re-committal of the bill to the Committee on the Whole would ensure the “need to address the observation by Mr. President C-in-C and make necessary amendment in accordance with Order 87(c) of the Senate Standing Orders, 2022 (as amended); and relying on order 1(b) and 52(6) of the Senate Standing Orders, 2022 (as amended).”
The Chamber rescinded its previous decision and recommitted the bill to the Committee of the While for consideration and passage.