Senate make U-Turn, approves direct, indirect party primaries

The Nigerian Senate has rescinded its earlier decision on making direct primaries the only method of electing candidates by political parties.

At the resumption of its session on Wednesday, the Senate Leader, Senator Yahaya Abubakar, asked his colleagues to rescind the Chamber’s decision on clause 84 of the Electoral Act (Amendment) Bill, 2021, passed by the National Assembly on November 18, 2021.

Accordingly, the chamber in Clause 84(2) of the report approved direct, indirect primaries or consensus as procedure for the nomination of candidates by political parties for the various elective positions.

It also approved the recommended Clause 84(3) that “a political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the part.”

Clause 84(4) further provides that “a political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below; (a) In the case of nominations to the position of Presidential candidate, a political party shall, (i) hold special conventions in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at designated centers in each State Capital on specified dates.”

The clause provides that a National Convention shall be held for the ratification of the candidate with the highest number of votes.

The amendment followed a motion for its re-commital to the Committee of the Whole.

The motion was sponsored by the Senate Leader, Yahaya Abdullahi (Kebbi North).

The Senate Leader, in his presentation, recalled that President Muhammadu Buhari had signified withholding his assent on the Electoral Act No. 6 2010 (Repeal and Re-enactment) Bill, 2021 which was passed by the National Assembly and forwarded to the President on Thursday, November 18, 2021.

Senator Abdullahi noted that the rationale for withholding assent bordered on his observation in Clause 84.

President Buhari in the letter dated December 13, 2021, and addressed to the Senate President, Ahmad Lawan, had explained that his decision to withhold assent to the electoral bill was informed by advice from relevant Ministries, Departments and Agencies of Government after a thorough review.

According to the President, signing the bill into law would have serious adverse legal, financial, economic, and security consequences on the country, particularly in view of Nigeria’s peculiarities.

He added that it would also impact negatively the rights of citizens to participate in government as constitutionally ensured.

Senator Abdullahi, however, explained that the motion for re-commital of the bill to the Committee, on the Whole, was against the backdrop of the “need to address the observation by Mr. President C-in-C and make necessary amendment in accordance with Order 87(c) of the Senate Standing Orders, 2022 (as amended); and relying on order 1(b) and 52(6) of the Senate Standing Orders, 2022 ( as amended).”

Accordingly, the chamber rescinded its decision on the affected Clause of the Bill as passed and recommit same to the Committee of the While for consideration and passage.

The direct primary clause had earlier hindered the assent to the bill, however, President Muhammadu Buhari in an exclusive interview with Channels Television, earlier this year, said that he was willing to sign if only the legislators will effect changes which must include the addition of consensus candidates and indirect primary options to the mode of selecting a candidate for an election.

In a related development, the House of Representatives has rescinded its decision on the compulsory direct primaries clause in the Electoral Act Amendment Bill.

The lawmakers reversed the move during a plenary session on Wednesday and instead, adopted the direct and indirect primaries. It also expunged the consensus option.

During the plenary, the lawmakers had gone into a closed-door session after which the chamber became rowdy. But the reason for the rowdiness was unclear as they were seen in different groups conferring.

Earlier in the day, the Senate had towed the same line, recommending both direct and indirect primaries.

The lawmaker’s move is coming weeks after President Muhammadu Buhari had declined assent to the Electoral Act Amendment Bill, citing the compulsory direct primaries clause.

In a letter to the National Assembly, the Nigerian leader had faulted the move, saying it is expensive and also against the spirit of democracy.

“The amendment to the sequence of the elections in section 25 of the Principal Act may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission to organize, undertake and supervise all elections provided in section 15 (a) of the third schedule of the constitution,” Buhari said in a letter to the lawmakers.

“The amendment to Section (138) of the Principal Act to delete two crucial grounds upon which an election may be challenged by candidates unduly limits the rights of candidates in elections to a free and fair electoral review process and the amendments to section 152 (3)-(5) of the Principal Act, may raise constitutional issues over the competence of the National Assembly to legislate over Local Government elections.”

Buhari’s move had triggered reactions from several quarters including the main opposition Peoples Democratic Party (PDP) which accused the All Progressives Congress (APC) of plotting to rig the 2023 elections. (Based on Channels TV reports)