…Aspirants speed up consultations
…It’s hope for PDP aspirants – Mohammed
…No, it’s searchlight on political parties, a win-win for APC – Okechukwu, others
‘…Not about individual ambition, but credible process’
The new Electoral Act has thrown up some issues around the emergence of candidates ahead of the 2023 elections. BODE OLAGOKE and ABDULRAHMAN ZAKARIYAU take a holistic view on the striking benefits of the new legal instrument in the conduct of the nation’s elections and how both the parties and their candidates stand to gain and lose.
For over a decade, Nigerians waited for an amended Electoral Act. Many times it was passed by the National Assembly and rejected by President Muhammadu Buhari-led All Progressives Congress (APC) government.
Interestingly, after what could be described as an endless wait, President Buhari signed the amended Electoral Act into law February 25, 2022.
A critical look at the amended Act showed that the 2023 election may be more credible and acceptable than the previous general elections. This is largely because some major sections of the document have corrected the defects in the nation’s electoral system.
Major highlights of the Act
Many sections and clauses of the new Electoral Act inspire hope and excite political parties, politicians and ordinary Nigerians. For instance, Section 50 of the Act states that “voting at an election and transmission of results under this Act shall be in accordance with the procedure determined by the Commission.” In the past, the Independent National Electoral Commission (INEC) had demonstrated its commitment and capacity to use the electronic transmission method in many elections. This has given the commission power to decide on whether to apply electronic transmission or not.
Also, the Electoral Act has addressed the issue of over-voting as contained in Section 51. Therefore, the total number of accredited voters will now become a factor in determining over-voting at election tribunals.
Section “50(2) states: “Where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the Presiding officer shall cancel the result of the election in that polling unit.
Subsection (3) of this section further says: “Where the result of an election is cancelled in accordance with subsection (2), there shall be no return for the election until another poll has taken place in the affected polling unit.”
This is just as Section 94 of the Act stipulates early commencement of campaign seasons at least, 150 days to elections. This provision has the advantage of giving the political parties and candidates sufficient time to reach the electorate with their manifestoes.
Also, in another provision, political parties are empowered by the Act to conduct a fresh primary election to replace candidates who die during elections.
This is explicitly stated in Section 34(3) that, “If after the commencement of poll and before the announcement of the final result and declaration of a winner, a candidate dies (a) the Commission shall, being satisfied with the fact of the death, suspend the election for a period not more than 21 days; and (b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate: Provided that in the case of Presidential or gubernatorial or Federal Capital Territory Area Council elections, the running mate shall continue with the election and nominate a new running mate.”
The Electoral Act has also approved the use of card readers, as mandatory accreditation technology before voting. Section 47 (1) states that “A person intending to vote in an election shall present himself with his voter’s card to a Presiding officer for accreditation at the polling unit in the constituency in which his name is registered.”
Subsection (2) adds: “To vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.”
(3) “Where a smart card reader or any other technological device deployed for accreditation of voters fails to function in any unit and a fresh card reader or technological device is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours if the Commission is satisfied that the result of the election in that polling unit will substantially affect the final result of the whole election and declaration of a winner in the constituency concerned.”
The major issue addressed by the electoral act, which is perhaps the most topical of it all is that it stopped presidents or governors from making their appointees automatic delegates in an indirect primary election.
Section 84(10-13) of the Act states: “No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.
“Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in the issue.
“ Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.
“Nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of a suit.”
Wike, Atiku ‘war’ ignited
With the Act, the race for the Peoples Democratic Party (PDP) 2023 presidential ticket gets tougher with former Vice President Atiku Abubakar, Bauchi state Governor Bala Mohammed, Rivers state Governor Nyesom Wike and Sokoto state Governor Aminu Waziri Tambuwal having very limited time to put their acts together ahead of the party’s presidential primaries.
“When President Muhammadu Buhari signed the Electoral Act, Atiku and other aspirants who are in a race for PDP presidential ticket have realised they have limited time.
“Since on February 25, 2022, when President Muhammadu Buhari signed the amended electoral act, former Vice President Atiku Abubakar has stepped up consultation and this has further widened the crack in the PDP Governors’ Forum. The forum is divided over zoning.
“There is a proxy war going on within the PDP. While Wike is leading the war on behalf of the governors to prevent the former Vice President from getting the ticket, Atiku has rolled out all his machinery and engaged more in direct consultations with different stakeholders and organs within the party. As it is, in PDP zoning or no zoning Atiku will contest,” said a major stakeholder within the party.
“So, the Electoral Act and the timetable released by INEC have made more of the aspirants within the PDP to scale up in their consultation and campaign. So, all PDP presidential aspirants are consulting and also waiting for the party to realise the timetable,” the source further added.
What hope?
A political analyst, Aminu Mohammed, said the Act would give opposition parties, especially the PDP, the hope of winning the 2023 elections.
In a phone chat with Blueprint Weekend, Mohammed recalled that, “That the 2010 amendments and other amendments by former President Goodluck Ebele Jonathan-led Federal Government are part of what contributed to the success of the All Progressives Congress (APC) in 2015.
“The introduction of the card reader was an added advantage that provided the then opposition party-the APC- that hope and victory.
“So, with this amendment, there is hope for the PDP and candidates of other opposition parties. In the amended Electoral Act, more sections back the use of technology for accreditation, computing of results and other processes. So, it means the possibility of rigging will be reduced.
“You see, now with the electronic transmission of election results from the polling units through to the collation centres, the practice of distorting figures of votes cast, may have become history.
“Another benefit for political parties and their presidential hopefuls is that Section 94 of the Act provides all political parties opportunity for early commencement of campaign seasons, at least 150 days to elections. This provision has the advantage of giving the political parties and candidates, sufficient time to get to the electorate with their manifestos,” he further asserted. “Also, the clause which makes it mandatory for political appointees to resign from their positions before participating as delegates at political party congresses and conventions or, as aspirants to elective offices, will provide a level playing field for all. So, there’s no special treatment for any candidate or party.
“So, to a large extent the amended Electoral Act will protect the opposition parties, especially the PDP against the plans by the ruling party to use the power of incumbency to make things work in their favour. Like every other law, this will ensure equity and fairness in the conduct of elections; it will protect the weak, in this case, the opposition party.”
‘Searchlight on political parties’
However, in the view of the director-general, Voice of Nigeria (VON), Osita Okechukwu, the new Act is a searchlight on political parties about their commitments to internal democracy.
Speaking in a telephone interview with Blueprint Weekend, Okechuckwu, who is also an APC chieftain, said the operationalisation of the Act would affect the selection process of candidates by the political parties.
Okechukwu said Buhari has bequeathed to Nigerians an Electoral Act that empowers the deployment of the Smart Card Reader, Biometric Voter Accreditation System (BVAS) and other technological devices for electoral fidelity.
He said “the coming into force of the Electoral Act 2022 marks a significant turning point in Nigeria’s journey towards electoral reforms, reinforced democratic rights, higher voters turn out and consolidation of democracy,” stressing that by signing the Bill into law, the president had given lovers of democracy a booster shot of Vote-Rigging-Vaccine (VRV).
The VON boss described the new electoral law as a “searchlight on the commitment of political parties to internal democracy and building of a united and inclusive country.”
He said the battle between leaders and the led over accountability has shifted to the ballot box and social contract strengthened to be honoured, urging Nigerians to always reflect on the remarks by President Buhari when he signed the bill, especially where the President said, “Distinguished Senators and Honourable Members of the National Assembly, from the review, it is my perspective that the substance of the Bill is both reformative and progressive.
“I am making this bold declaration, because I foresee the great potentials of the Bill. Worthy of note include the democratic efficacy of the Bill with particular reference to sections 3,9(2), 34, 41, 47, 84(9), (10) and (11) among others.”
BMO’s take
Similarly, a pro-Buhari group, the Buhari Media Organisation (BMO), said the development would accord popularity and credibility to Nigeria’s democracy.
Chairman of the group, Niyi Akinsiju, said the new law has defined the new political environment for the political parties.
“It better defined political environment and political parties now understand the options available to them. In fact, the new electoral law will popularise our electoral system and accord it credibility.”
‘It’s a win-win for APC’
In yet another reaction, an APC member, Hon. Theo Imasuagbon, described the Act as “a win-win for the party and all its presidential aspirants.”
He told one of our correspondents that the ruling party and all its presidential aspirants stand for free, fair, credible and acceptable election.
He said, “Our presidential hopefuls are not perturbed with the amended Electoral Act, rather they are consulting party members and other national stakeholders to achieve their ambition.
“We are happy that the federal government under the leadership of President Muhammadu Buhari of the APC, signed the amended Electoral Act. This shows what our party stands.
“This clearly shows that the APC wants a simple and credible process for Nigerians to elect their leaders. If the process is simple and credible, more people will get involved. So, all the provisions in the amended electoral law will give all presidential aspirants and all political parties equal opportunity.
“With this act, rigging is gradually becoming a thing of the past. So, any aspirant who will emerge as presidential candidate and any party that will emerge winner in the 2023 election must be popular. When the process is credible, it will throw up competent leaders and many will accept the outcome. So, 2023 elections will be better than 2015, because of the amendment.”
‘Not about ambition, but credible process’
Also, weighing in on the issue, a political analyst, Dr. Katch Ononuju, said the Act has no implications on presidential aspirants, but rather about enabling a credible electoral process.
Speaking in an interview with this reporter, Ononuju said: “The amended Electoral Act doesn’t have anything to do with anybody’s aspiration for 2023 presidency.
“It is an issue that solves the North – South scam because it kills three birds instantly. One is the issue of incident form which is also a way to manipulate population arguments. The issue of biometric applications, then the issue of transmission of voting data from the voting booth to the collation centre.
“So, it will help to address all manipulation of population numbers in election results. No doubt, all political parties, presidential aspirants and Nigeria will benefit from it. Subsequent elections will be more credible,” he said.
Making it work
Considering the efforts put in to the Act and the attendant controversies, many Nigerians are hopeful that the Act is the game changer the nation needs to up its game in the electoral process.
But notwithstanding this optimism, analysts are of the view that credible as the document appears, it will only give the desired results if allowed to be fully operational.
They further contended that for the presidential aspirants and any others for that matter, certain anomalies which the Act seeks to remove from the nation’s electoral system is one huge challenge they may have to face in the realisation of their ambitions ahead of the 2023 polls considered as a litmus test case for the brand new Electoral Act.
