Direct primaries clause stalls Electoral Act

By OLUSESAN LAOYE

When Nigerians clamoured for the electoral Act to be amended, especially the aspect on how election result should be transmitted, either manually or electronically, and which generated a lot of controversies, they never knew that the electoral amendment would spark up another controversy, which would shake all, especially, the politicians.

They never knew also that the National Assembly had another joker, “Direct primaries” which would be more controversial than the electronic voting and which would put them, the governors, the presidency, civil societies and the entire populace on edge.

That is what actually the smuggled clause of direct primaries in the electoral Act has done to Nigeria.

It has made tongue wagging, made the governors uneasy and at loggerheads with the National Assembly, the Presidency confused while the National Independent Electoral Commission (INEC) is watching the controversial scenario and at alert, should he become the agency to cater for the selection of the parties candidates, and as well still supervised and conduct their elections.

As one of the chieftain of the All Progressives Congress in Oyo State, Alhaji Bolaji Kareem has said, the National Assembly with the new clause of direct primaries for political parties has put the country in a quagmire, as no one is sure of what that, would breed In future.

To him, if the bill is accented to by the president it would put the parties in disarray and uncomfortable situation to be under the INEC in picking their candidates.

Judging from what has been the practice and the norms here in Nigeria and other parts of the world, it has never been the prerogative of the electoral umpire to conduct the process, where political parties pick candidates for elective offices. It has always been the political parties themselves that would determine the procedures to be adopted.

Although one of the reasons advanced by the National Assembly in piloting the clause into the bill, was that it would give room for justice, fair play and ensure that all Nigerians especially the youths have access to contest for higher political offices, this was not bought by those against it, who saw it as an infringement on the rights of political parties, to determine what suited them best, direct or indirect primaries for picking their candidates.

In direct primaries, party members would be involved in the candidates’ selections, while the indirect would not involve all party members, which as well gives automatic ticket to many political office holders, who will be selected by their principals in government, especially the governors to be delegates that will vote.

The indirect favours the governors and other political office holders and that was why, it was said, that they were kicking against direct primaries. The governors and the National Assembly are still divided over it.

This time around, the governors irrespective of their political parties are against direct primaries but would want indirect, saying, direct primaries would be too cumbersome and over stretched INEC.

The chairman of the Progressive Governors’ Forum who is also the Governor of Kebbi State, Atiku Bagudu, had articulated the positions of his colleagues, that they preferred parties to be the sole authorities to determine the process for picking their candidates, as it was before the National Assembly’s new electoral bill.

They argued that even the recently conducted ward congresses by all the political parties, especially the All Progressives Congress (APC), was direct primaries that involved multiple roles for INEC and if INEC would now have to be directly involved, “it means greater burden and resources which it may not be able to afford.”

Also on the same page with Bagudu, the Benue State Governor Samuel Ortom, argued that direct primaries would not be in the best interests of Nigerians.

He called for a system to allow political parties evolve a system best to them, in picking their candidates and not a stereo type system for all.

According to Ortom, direct primaries brings more expenses and could lead to the disintegration of parties. He wants President Buhari not to sign the bill and return it to the National Assembly.

The National body of the Peoples Democratic Party (PDP) too, argued that direct primaries is an invitation to chaos which is also inimical to the development of democratic norms and could bring anarchy, as it is happening now in APC.

The party further argued that “it would allow the money bag to hijack the process, increase cost of nomination procedures, which no party would be able to raise in conducting internal elections, under adirect primary process.”

But defending the stand of the National Assembly in including the direct primary clause in the electoral bill, the Speaker of the House of Representatives Femi Gbajabiamila, pointed out that he championed the clause to make direct primaries compulsory while the debate is about the future of Nigeria, to enable everyone have equal opportunity to participate in the governance and democratic process.

He also said that the direct primary process would help the youths and those who don’t have money to have a say and be favoured.

Although people like Bukola Saraki, who had benefitted from indirect primaries in the past, and governor Nyson Wike, a serving governor of Rivers State, want President Buhari to sign the bill and want a process that will bring free and fair elections, that would sustain democracy and not encouraged blatant rigging of election, the argument therefore, is whether President Muhammadu Buhari would succumbed to pressure by the governors and other interested groups, against direct primaries not to sign the bill.

The Minister of Justice and Attorney General of the Federation, Abubakar Malami, had posited that President Buhari would be guided by public interests among others, in consideration of the proposed law and “whatever the decisions the President would take on it, would be based on justice, public interest judicial and legal.” he said.

Also the Senior special Assistant, Media to the President, Garba Shehu said, the President would consult widely before signing the bill, as his consultations would determine what steps to take.

But despite the fact that the chairman House of Representatives Committee, on electoral matters, Aisha Dukku said that the bill was put together by the legislature and the Executive to avert controversies, which put the amendments to Electoral Act during the 8th National Assembly in jeopardy, political analysts argued that the president would be more careful this time around, as not to repeat the occurrence of the last one and as well not leave a lacuna in the Electoral Act before the 2023 general elections.

The argument therefore, was that the bill has put Nigeria in Electoral crisis, as the president now has just two weeks to sign or reject the bill.

The Electoral Bill was passed on November 9 2021, sent to the Presidency on November 19 and with the 30 days mandatory period stipulated, for the president to sign it or not; it means the bill must be assented to by December 19.

Failure to do this, the National Assembly has the power to recall the bill and could be passed by the two legislative arms, the Senate and the House of Representatives with 2/3rd majority. But it is doubtful, if the APC dominated National Assembly, has the muscle to do that, as they would not want to rock the boat.

As a governorship aspirant in Osun State and policy and public analysts Prince Ayoade Adewopo posited when contacted on the issue, “I think the direct primaries clause has put Nigeria in a difficult situation now. To save the situation, I also think that what the President could do is to weigh the public opinions on the matter as he said he would consult widely before making a decision.”

He further argued that what the president could also do is to send back the bill to the National Assembly before December 19 for them to remove the controversial cause “since both the presidency and the National Assembly would not want to heat up the polity at this crucial moment, when we have many issues to contend with.”

He was also of the opinion that the political parties should be allowed to determine how to run their primaries in Nigeria as it is done in developed nations “where candidates are chosen without rancor and all party members abide by the rules and constitutions of their various political parties.”

Meanwhile as it was said that the Presidency had written the INEC for guidance and yet to receive a reply, but based on the recent position of the body’s National Commissioner Festus Okoye, the direct primaries would be too expensive because of the large personnel that would be involved in the exercise.

According to him, 17, 600 on the average, would be required to supervise direct primaries in about 8, 809 wards across Nigeria.