The insertion of direct primary election in the Electoral Amendment Act, 2021 as a criterion for nomination of candidates by political parties was ill conceived. It is a direct affront and infringement on the right of party and party affairs. Our eyes are more than before opened to the power tussle between the political class especially the senators and the governors. Some senators who were governors, those aspiring to be governors and those angling to retain their seats in 2023 understood in clear terms the enormous powers incumbent governors wield on who becomes what. The failed move therefore, was a clever attempt to clip the wings of the governors. It failed flat and the arrow heads of such legislation will pay dearly for it in 2023. Elections in Nigeria are often characterised by massive electoral fraud and open political manipulations. Very hot, contentious and mostly violent. It is akin to a near war situation – a do-or-die-affair. Only the 1992 presidential election was adjudged to be free, fair and credible. Since the return of democracy in 1999 after long years of military rule, elections are rigged, ballot boxes stuffed, result sheets written in hotels and homes of politicians. Ballot papers are snatched at gunpoint, presiding officers disappear at the behest of the highest bidder or are abducted. Electoral officials are openly bribed to alter results. Security agencies and thugs are deployed to intimidate and kill political opponents. At the end the integrity of the elections is called to question. Therefore, they become very contentious subject of litigation. Candidates who lose elections have challenged the process up to the Supreme Court. Mandates were brazenly stolen and justice was rarely served after the tortuous journey. The return to democracy saw all presidential election results contested except for the 2015 election. Nigeria does not fall under the league of nations known to respect the true tenets of democracy. Free, fair, credible and transparent elections in Nigeria can only be achieved with efficient and effective democratic structures and laws deliberately put in place to drive the democratic process. However, the political class is simply paying lip services to efforts aimed at enacting a law to support free, fair and credible elections.
The fear of losing elections and political patronage by many unpopular elected officials and ruling class is the only reason why the Electoral Act, 2010 as amended was not assented to by President Muhammadu Buhari. These group of political leaders who have no business in governance have taken undue advantage of the weaknesses of the laws guiding the political system to feather their political nests. In a space of three years; President Muhammadu Buhari had on two occasions withheld his assent to the Electoral Amendment Bill, 2010 as amended. First, in 2018, he declined to assent the bill on account of limited timeframe for implementation. Second, in 2021, the bill was returned to him once again for assent and he declined. The compulsory insertion of direct primary election of candidates aspiring to political offices in the Act was the crux of the matter. The President had within the thirty days window provided by the constitution to assent or decline sought the advices of both the Independent National Electoral Commission (INEC) and that of the Office of the Attorney General of the Federation and Minister of Justice. While INEC assured of their readiness and having the capacity to monitor direct primaries when invited by political parties; the Attorney General had a different view. In a letter to the National Assembly, dated December 13, 2021, titled ‘Withholding of assent to Electoral Act (Amendment) Bill 2021,’ Buhari premised his decision on legal, security and economic grounds. While faulting the removal of indirect primaries as contained in Section 87 of the Electoral Act 2010, Buhari among others said the amendment as proposed is first in clear violation of the underlying spirit of democracy which is characterised by freedom of choice. Second, direct primary has serious adverse legal, financial, economic and security consequences which cannot be accommodated at the moment considering the nation’s peculiarities. Third, conduct of direct primaries across the 8,809 wards across the length and breadth of the country will lead to a significant spike in the cost of conducting primary elections by parties. Fourth, the proposed amendment may also give rise to plethora of litigations based on diverse grounds and issues of law including but not limited to the fact that the proposed amendment cannot work in retrospect given that the existing constitution of the parties already registered with INEC permits direct, indirect and consensus primaries. Fifth, it is undemocratic to restrict the procedure or means of nomination of candidates by political parties, as it also amounts to undue interference in the affairs of political parties.
On the heels of the president’s letter to the National Assembly conveying his decision to withhold assent to the draft bill, the public space was awash with lawmakers resolve to override his veto. However, the resolve suffered a huge setback with deft political moves made by governors and other stakeholders of the ruling All Progressives Congress (APC) to curtail the numbers of the parliamentarians willing to sign to override the president. Despite media report of over 70 senators throwing their weight behind the move to override Buhari, it failed. Both Chambers will require two-thirds majority to override the president. From the legislative submissiveness to the executive and the number of APC senators who are majority, it is remains to be seen how the opposition PDP could muster the numbers to veto the president’s decision. The governors are unarguably influential when it comes to matters of the state. They have always succeeded in determining where the political pendulum swings. It must be stated that the reason or compelling need to veto the bill was a ploy to water the ground for a compromise and political horse trading which will define every senators fate come 2023. Political pundits were aware of the inherent weaknesses of the legislators when it comes to confronting governors. Therefore in a surprise move, the senate resolved to consult with house of representatives and their constituencies on the matter before taking finite decision. Is it now that constituencies matter? Were constituencies consulted before the public spat? Perhaps, before they are back from recess, the constitutional window to override the president has elapsed. The poor and manipulated electorates should bear in mind that the furor about direct or indirect primaries was not anchored on free, fair and credible general election or an attempt to improve the decayed democratic space but to serve the selfish and personal interests of political leaders within their parties. Perusing through the reasons adduced by the President for withholding his assent, one has no other option than to stand with Buhari in this one.
Sunday Onyemaechi Eze, a Media and Communication Specialist, wrote via sunnyeze02@yhaoo.com and could be reached on 08060901201
