Electoral Act Amendment: Senate removes direct primary, as Reps leave options to political parties

Senate, Wednesday, removed the contentious clause that makes direct primary mandatory for the election of candidates in political parties from the Electoral Act Amendment.

The Senate in late 2021 passed a version of the bill and transmitted it to President Muhammadu Buhari who declined assent to the Electoral Act Amendment Bill.

However, President Buhari in December 2021 communicated to the National Assembly his decision to withhold assent to the bill, saying that clause 84(2) as it was, will deny many Nigerians opportunity to take part in the electoral process.

Buhari said that the mandatory use of direct primaries for all political parties in the country will be too expensive to execute, saying that it will put a financial burden on Nigeria’s slim resources.

He also expressed fears that the proposed mandatory use of direct primaries will amount to the violation of citizens’ rights will be violated and will lead to marginalisation for smaller political parties.

Buhari advised the National Assembly to look into the areas of concern and transmit the bill to him for assent.

Meanwhile, the House of Representatives has adopted the provision of direct and indirect primaries for the nomination of candidates for elective positions by political parties.

This followed the consideration and adoption of section 84(2) of the Electoral Act Amendment Bill recommitted to the House at plenary in line with order 12, Rule 20 (1-3) of the Standing Orders of the House.

The House amended the controversial Clause 84(2) and agreed that candidates for an election shall emerge through either direct or indirect primaries by political parties.

Recommitting the bill for reconsideration by the House committee of the whole, the Chairman House Committee on Rules and Business, Abubakar Hassan Fulata said amending the clause was to allow the Bill to scale through for credible election.

Speaker Mr. Femi Gbajabiamila who presided over the plenary explained that the House considered and adopted only the clause, as observed by the President and that the House will continue to provide legislation that would improve governance in the country, including credible polls.

Earlier, opposition lawmakers have attempted to stop the process but were later convinced by the Minority Leader, Mr. Ndudi Elumelu, and took part in the consideration process.

Now that the two chambers have considered and adopted the President’s observation, the amended clause is expected to be harmonized and re-transmitted to Buhari in the next few days or weeks for assent.

Independent National Electoral Commission (INEC) has earlier, Tuesday disclosed that its timetable for conduct of the 2023 General Elections in the country is dependent on the passage of the Electoral Act Amendment.

Speaking during the First Consultative Meeting with Civil Society Organizations (CSOs) at the Commission’s Conference Room Abuja, Tuesday, INEC National Chairman, Prof. Mahmood Yakubu expressed the hope for a speedy passage of the Electoral Amendment Bill, which, he said, ‘ is crucial to our preparations for future elections.’

“As soon as it is signed into law, the Commission will quickly release the Timetable and Schedule of Activities for the 2023 General Election based on the new law.

“On the Electoral Amendment Bill currently before the National Assembly, the Commission is encouraged by the Senate President’s assurance to give priority attention to the Bill when the National Assembly reconvenes from its recess today (Tuesday), and the commitment by the President to assent to the Bill as soon as the issue of mode of primaries by political parties is resolved,” the INEC Chairman said.