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Nigeria: Lawmakers Free Selves From Overbearing State Governors, Godfathers Through Direct Primary

The decision of the National Assembly to ensure that the direct mode of primary is backed by legislation may have put an end to godfatherism and overbearing influence of some state governors during the nomination of parties’ candidates, writes Adedayo Akinwale

After intense public pressure, the Senate finally beat a retreat by reversing its earlier decision to subject electronic transfer of results to the discretion of the Nigerian Communications Commission (NCC) and gave the Independent National Electoral Commission (INEC) the sole right to the innovation.

The Senate had, shortly before proceeding on a two-month annual vacation on July 15, 2021, during the consideration of a report on the 2010 Electoral Act (Amendment) Bill 2021, submitted by its Committee on INEC, amended clause 52(3) as recommended that INEC may consider the electronic transmission of results, provided the national coverage is adjudged to be adequate and secure by the National Communications Commission and approved by the National Assembly.

While the clause as presented in the committee report stated that INEC could transmit election results electronically, where and when practicable, the Senate had passed the amended version which stated that, “INEC can transmit election results electronically subject to confirmation of Nigerian Communication Commission (NCC) of adequacy and security of national network.

However, the Upper Chamber revisited the issue recently sequel to the presentation of a motion by the Senate Leader, Senator Yahaya Abdullahi, for the re-committal of some clauses of the Electoral Act No 6 2010 (Repeal and Re-enactment) Bill (SB122) to the Committee of the Whole.

He pointed out that the decision to subject the amended clauses of the bill to re-committal was reached after critical examination by the Senate Committee on INEC.

Abdulahi added that some fundamental issues, which required fresh legislative action, were observed by the Senator Kabiru Gaya-led Committee in the bill.

In his submission, Senator Adamu Aliero, said it would strengthen the electoral process and give Nigerians more power to select their desired leaders.

He said the motion, if adopted, would help the electorate to ensure that questionable characters were not elected in governance.

Eventually, the Senate at the Committee of the Whole chaired by Dr. Ahmad Lawan, amended Clause 52(2) of the Electoral Act Amendment Bill to read: “Subject to section 63 of this Bill, voting at an election and transmission of results under this Bill shall be in accordance with the procedure determined by the Independent National Electoral Commission, which may include electronic voting.”

Parliament Liberates Self through Direct Primary

This wasn’t the only landmark agreement, as the Senate despite appeals from different quarters, concurred with the House of Representatives by giving legislative backing to direct mode of primary for aspirants seeking election in all the registered political parties in the country.

How the House Set the Pace

During the consideration of Electoral Bill by the House, the House Committee on Electoral Act amendment Bill had recommended in Clause 87 under Nomination of candidates by parties that: (1) A political party seeking to nominate candidates for elections under this Bill shall hold direct or indirect primaries for aspirants to all elective positions, which may be monitored by the Commission.

(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct or indirect primaries.

(3) 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.

(4) 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 a special presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for each of the aspirants.

Gbajabiamila’s Amendment

However, the Speaker of the House, Hon. Femi Gbajabiamila proposed that in Subcluase (1), line 2, leave out the words “or indirect” and anywhere it appears in the Bill.

His proposed amendment was agreed to and the House passed direct primary as the mode of primary by which political parties can nominate their candidates for election.

Implications

What these landmark decisions mean is that apart from taking away attraction and concentration of power and influence from the state governors in the choice of who runs for what office, it might have dealt a huge blow to godfatherism factor from the power equation.

What it all comes down to is that it gives power back to the electorate. It means people will simply go and queue behind the poster of the candidate they support. The votes are counted and result declared for all to see.

It will also effectively end imposition of unpopular candidates on the party by godfathers. It’s like Option A4 all over again. For long, governors had wielded enormous influence on the parties and were the principal determinants of who runs and who doesn’t. With direct primaries, they have lost that vital influence.

Analysts views

Besides, political analysts believe that Direct Primary is the most transparent mode of nominating a candidate in any election, because it allows for mass participation, while also ensuring that candidates are selected instead of elected.

They were also of the view that direct primary will allow for more women and youth participation in the political process, heck god-fatherism; enhance internal party democracy in all registered political parties and also create a level playing ground for aspirants.

Above all, they pointed out that through Direct primary, the role of money or influence to buy delegates, voters or members is whittled down. In the event that political thugs disrupts voting before declaration of winner,direct primary method will still be revert back to in the re-run primary elections.

“Some governors and political players ganging up against Femi Gbajabiamila and his fellow National Assembly members for leading these landmark electoral reforms may need to realise that the people they govern are now wiser, more agitated and yearning for a new lease of life at all level of governments. Nigerians are in for a new political order that will empower them to reject any non-performing office holder in the Legislature and Executive and unpopular new Aspirant,” an analyst said.

By these decisions, however, the INEC has not only been empowered to electronically transmit election results, the Parliament has also given power back to the people in the choice of their representatives at different levels of leadership.

Lawmakers Reactions

Senator Adamu Aliero believes that direct mode of primary would strengthen the electoral process and give Nigerians more power to select their desired leaders and would also help the electorate to ensure that questionable characters were not elected in governance.

According to Aliero, It would discourage money bags from taking over and determining the outcome of elections in the country.

On his part, Senator Opeyemi Bamidele cited Clause 87, which has to do with conduct of primaries, saying: “Direct primary is a way of giving power to the people since every member will enjoy that right of selecting a candidate.”

He said if democracy must grow, direct primary should be adopted.

Senator Smart Adeyemi, however, spoke against the amendment of Clause 87 to introduce direct primary election, saying the motion to amend the clause to introduce direct primaries would make the electoral process burdensome to the people.

Lending his voice, Hon. Akeem Adeyemi said with direct mode of primary, the power has been returned to the masses.

He stated: “Power returned to the masses. If you want to contest, approach the members of the party you joined, no fear of someone has cornered delegates. You have been set free from any godfather and money bag.”

Also, the Leader of the Peoples Democratic Party (PDP) caucus in the House, Hon. Kingsley Chinda said Clause 87 of the Electoral Bill cannot stand against existing laws and court decisions that party primaries, selection or election of candidates as party flag bearers remain the internal affairs of political parties. He however added that he remain part of the decison and he’s bound by it.

He said, “Clause 87 of the Electoral Bill can not stand against existing laws and court decisions that party primaries, selection or election of candidates as party flag bearers remain the internal affairs of political parties. It will be wrong to attempt to compel political parties to adopt a stated method in producing their flagbearers. I still believe that the various party constitutions should take care of that.

“However, the NASS having decided by majority as is required by our rules, I am bound by it and remain part of that decision.”

The lawmakers can now heave a sigh of relief by making people oriented laws without any fear that they would be denied a return ticket to the Parliament by any godfather or governor.

QUOTE

The Senate at the Committee of the Whole chaired by Dr. Ahmad Lawan, amended Clause 52(2) of the Electoral Act Amendment Bill to read: “Subject to section 63 of this Bill, voting at an election and transmission of results under this Bill shall be in accordance with the procedure determined by the Independent National Electoral Commission, which may include electronic voting

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