INEC endorses Electoral Bill, suggests further consultation on direct primaries

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The Independent National Electoral Commission (INEC) offers a general endorsement of the Electoral Bill. It suggests President Muhammadu Buhari consults with political parties and security agencies over the controversial direct primaries provision.

According to reports, it shows that the National Assembly had on November 19, 2021, transmitted the Bill to President Buhari, who statutorily has 30 days to approve or veto the proposed law. The Bill, which repeals the extant Electoral Act 2010 as altered, seeks to make direct primaries the only means for political parties to select their candidates for elections and legalise electronic transmission of results, among other provisions.
The Chief of Staff to the President, Ibrahim Gambari, had on November 29, 2021, written INEC, seeking it’s detailed and considered view by December 3, 2021, to inform the decision of the President.
Especially regarding the direct primaries provision, which outlaws the delegate or indirect system, the Bill has caused a split in the ruling party, APC. While the APC controlled National Assembly leadership and Bola Tinubu camp prefer direct primaries, there is a tendency, including several governors, that want the delegate system to remain in the law book.
In the extant Electoral Act 2010, as altered, direct primaries, delegate system, and consensus are allowed to select candidates for elections by political parties.
“It is the considered view of the Commission that the Bill contains substantial provisions that could lay a strong foundation for the improvements of the electoral process.
“Among others, provisions on early submission of candidates for election, electronic transmission of results, and the power of the Commission to review declarations made under duress or are inconsistent with the law will contribute immensely to better management of elections, increased public confidence in the electoral process and overall democratic consolidation in our country,” INEC said.
However, the INEC letter signed by chairman Mahmood Yakubu appeared to suggest to the President to make more comprehensive consultations, creating an apparent reference to the primaries’ issue that concerns political parties.
“Being a multi-stakeholder activity, these matters cannot be determined by the Commission alone without consultation with political parties which will be responsible for conducting pre-election activities involving their members and the security agencies that have the responsibility to secure the process.
The failure of INEC to make direct reference to primaries and offer a position buttresses the sensitivity of the matter, which lies at the heart of strategies of opposing camps within the APC towards clinching the presidential ticket for 2023 elections.
Meanwhile, the opposition PDP wants the President to assent to the Bill. “The Bill contains other pertinent issues,s and we cannot allow the APC to foil the process because we want to battle against the direct primaries provision. The party may challenge the direct primaries la; no party should impose a system on others. But sign the Bill first.”
Mr Ologbodiyan said the President did not consult with PDP as a stakeholder. Apart from INEC, the presidency also sought the views of the offices of the Attorney-General of the Federation, the Inspector-General of Police, and Vice-President. TheAAGF’s spokesperson, Umar Gwandu, said he had no information on the response of his principal, Abubakar Malami, to the request for advice by the President.
Presidency spokespersons Garba Shehu, Femi Adesina and Laolu Akande did not comment on this report as they did not return calls to their phones. But a senior State House official, who agreed to speak in strictest confidence because he has no authority to discuss with the press on the matter, suggested that the President favours direct primaries, allowing members to decide who their parties present for elections.
“What I can tell you in strictest confidence is that Presidency ly dissatisfied with the seeming isolation of the people and party members from the party selection process as it is. And the President is determined to correct this as a legacy,” the officials said.

 

Suzan O./Prem.T

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