By Akombo Aondona, Abuja
Palpable exhalation in relief swept through the nation on Friday 25 February, 2022 as President Muhammadu Buhari signed the 2022 Electoral Act Amendment Bill into law at the Council Chambers of the State House, Aso Rock, Abuja.
The incredulous reaction to the presidential, especially within the ranks of civil society groups in the country, came because the presidency has been a major bulwark to electoral reforms since 2019 as President Buhari had found one reason after another to withheld assent from the bills as passed by the National Assembly since the 8th session of the Assembly led by the Senate President Bukola Saraki.
In fact, civil society groups had resolved to turn the matter into a cause celebre with initial protests to force the hand of the president kicked off in Abuja last week.
Many public affairs analysts have expressed concern that President Buhari, allegedly “under the influence of the infamous “Aso Rock Cabal of reprobate individuals would find yet another contrived reason to withheld his assent from the bill,” prompting fear that the ruling All Progressives Congress (APC) was bent on allegedly “rigging the 2023 elections by all means and specifically by working against the electoral amendment bill so that we would be forced to use the defective, extant electoral act which brought them into power in 2015,” a civil society activist told The Dream Daile Newspaper in Abuja on condition of anonymity.
Opinions are united within the civil society sector for the new bill signed into law by the president on the theoretical premise that it would make the conduct of future elections fairer for mandating the following reforms:
Early release of funds to the Independent National Electoral Commission (INEC);
Electronic transmission of results by INEC;
Empowers INEC to review election results declared under duress;
Grants better access to vote to Nigerians living with disability;
Enforces by power of law political neutrality of INEC personnel;
Legalises electronic accreditation of voters by INEC using any ICT-backed devices as INEC deems fit to deploy; and
Redefines over-voting, a veritable trump card for vote tampering, ballot stuffing and allied electoral malpractices in the hands of unscrupulous politicians nationwide.
The Act also requires that serving ministers who wished to seek elective office must resign to contest. It also allows candidate substitution in the event of death, in a nod to the 2015 Kogi State scenario when the APC Candidate, Abubakar Audu, passed on in the middle of the gubernatorial poll in that state.
However, In his speech at the bill-signing event, President Buhari claimed that Section 84(12) contravened the 1999 Constitution as amended and therefore urged the National Assembly to expunge it from the Act.
His words: “This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
“The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution (as amended).
“It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.
“Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.
“Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.”
Nevertheless, while many continue to laud President Buhari for signing the bill into law, a few voices of caution have withheld their final verdict, preferring to see INEC apply the new Act in off-season elections like the upcoming Osun and Ekiti governorship election.
But an avalanche of happy reactions flooded the social media following the signing of the bill into law.
In its reaction via a tweeted statement, the main opposition Peoples Democratic Party (PDP) has congratulated “Nigerians, particularly Civil Society Organisations for fighting on the side of PDP in pitting pressure on President Buhar to finally assent to the Electoral Act Amendment Bill today.
“The party also salutes the courage of PDP and other opposition members in the national Assembly for standing their ground on the passage of the Electoral Act Amendment Bill which among other things principally provided for the electronic transmission of election results directly from the polling units.
“The newly signed Electoral Act is a death knell for the APC which thrives in manipulations, ballot box snatching, ballot box stuffing and alteration of election results at the collation centers against the expressed Will of the people.
“It is clear that President Buhari and the deflated APC had come to their wits end and bowed to the sustained pressure by the PDP and Nigerians for the entrenchment of processes that can guarantee free, fair, transparent and credible elections in 2023.
“The victory by Nigerians in resisting the and compelling President Buhari to sign the new Electoral Act clearly signposts the inevitable triumph of the Will and aspiration of the people to kick out the APC through a process that ensures that votes cast at the polling units count.
“The PDP calls on Nigerians not to rest on their oars but to further strengthen their resolve by rallying themselves to take charge of their polling units and ensure that their votes are transparently counted and transmitted in the 2023 general elections.
“Nigerians must note that the APC in its desperation will not give up easily but attempt to device other means to frustrate credible elections in the country. Our Party therefore charges Nigerians and INEC to be at alert and resist all shenanigans of the APC ahead of the 2023 elections.
“While commending the International Community for standing on the side of democracy in Nigeria, the PDP counsels President Buhari to further redeem his image by reining in his party members who are reportedly seeking to deploy the instrumentality of violence to frustrate the efforts for free, fair and credible elections in 2023.”
But the APC commended President Buhari for signing the bill into law. In a statement by the Secretary APC Caretaker/Extraordinary Convention Planning Committee (CECPC), Sen. John James Akpanudoedehe, the ruling party described it as “a big win for our electioneering processes and our democracy.”
The APC wrote: “Since 2015 when the President Buhari-led APC government came into being, our commitment and support for constitutionally-permitted innovations that will improve the transparency and credibility of Nigeria’s electioneering processes and internal democracy, have not been in doubt. The new Electoral Act is another pointer.
“From legal backing given to election management bodies to review election results declared under duress, provisions for people with disabilities and special needs, electronic transmission of election results among other key provisions, current and coming generations will fondly remember President Buhari as the courageous leader who institutionalised credible elections and internal democracy in Nigeria.
“We note with appreciation the patriotic efforts of the National Assembly, civil societies, development partners and indeed all well-meaning Nigerians whose collective efforts and support has birthed the new Electoral Act.
“The task of improving the credibility of our elections is a collective and continuous one. As a party and government, we will continue to champion needed reforms.
“We hereby call on well-meaning Nigerians to join us to completely stamp out past practices of electoral fraud weaponised by past administrations of the Peoples Democratic Party (PDP),”
Banker and business mogul, Mr. Atedo Peterside tweeted: Thank you @MBuhari for signing into law an Electoral Act that constitutes a significant improvement over previous legislation. The #GoNigeria movement wishes to thank Mr President, our Legislators, Civil Society etc. for this team effort. @anapfoundation”
A citizen, Fola Aina, tweeted: “Amidst the ongoing crisis between Russia and Ukraine, it’s refreshing to know that in Nigeria history is being made with the signing into law of the Electoral Act Amendment Bill 2022!With this, the die has been cast. You know what to do next. Go #GetYourPVC!”
Senator Saraki tweeted: “I commend President Muhammadu Buhari for finally signing the Electoral Act Amendment Bill into law. I also commend the National Assembly and all Nigerians that insisted that we deserve a new law that will guarantee fairer elections in 2023 and beyond.”
Mr. Emmanuel Kuza tweeted: Thank you @NGRPresident @MBuhari , for assenting to the Electoral Act Amendment Bill today. With this Act, our faith in the next election receives a huge boost. We appreciate @inecnigeria for the reassurance of free, fair & credible elections come 2023. Congratulations Nigeria!”
Henry Ijohor tweeted: “I am pleased to hear that the Electoral Act Amendment Bill has now been signed into law. This is a monumental step towards improving Nigeria’s electoral process. I’m particularly impressed by certain amended clauses in the Act.”
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