By Deborah Hassan
365Daily – As the National Assembly resumes from its annual recess today, Governors under the platform of the Peoples Democratic Party Governors Forum (PDP-GF) have cautioned Lawmakers against adopting the version of the Senate in the ongoing amendment of the Electoral Act for being in ‘clear violation’ of the Constitution.
The Governors also urged the Legislators to be guided in their final input to the amendment, bearing in mind that both Chambers already empowered the Independent National Electoral Commission (INEC) to adopt Electoral transmission of results as it deems fit in S.63(5) of the Bill.
The Forum noted that in Section 63(5), the Lawmakers approved thus: “The Presiding officer shall transmit the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.”
Therefore, it warned, the National Assembly should not be seen to be contradicting itself by passing a Section 52 that will be at variance with Section 63(5).
Both Chambers had passed the Electoral Act Amendment Bill before embarking on annual recess, with different provisions on the controversial Section 52 which deals with electronic transmission of election results.
While the House voted for: “Voting at an election and transmission of result under this Bill shall be in accordance with the procedure determined by the Commission,” the Senate passed: “The Commission may consider electronic transmission of results provided that the national coverage is adjudged to be adequate and secure by the Nigeria Communications Commission (NCC) and approved by the National Assembly.”
Chairman of PDP-GF, Governor of Sokoto State, Aminu Waziri Tambuwal, in a statement signed on behalf of the Governors on Tuesday, September 14, 2021, warned that the Senate version, which subjects the decision of INEC to deploy electronic transmission to the decision of the Nigerian Communications Commission and National Assembly, is “manifestly a usurpation of the powers of INEC and offends relevant provisions of the Nigerian Constitution that guarantees INEC’s autonomy and independence.”
In the statement entitled ‘Electronic Transmission: PDP Governors’ Forum tasks National Assembly Conference Committee to rescue Nigeria’s democracy’, the Forum asked the Legislators to be guided by patriotism and national interest in the harmonisation of the positions of the two Houses.
The Governors urged the Lawmakers to immediately set up a harmonisation committee to conclude the amendment process, as a delay could cause “grievous and irreparable damage to preparations for the conduct of the 2023 elections in Nigeria.”
The statement in full:
‘The PDP Governors’ Forum welcomes the National Assembly from its recess and enjoins it to immediately set up its Conference Committee that will harmonise the different versions of the Electoral Act Amendment Bills passed by both Chambers, with a clear mandate to harken to the wishes of Nigerians and be guided by the national interest, particularly on the issue of electronic transmission of results.
The Forum insists that a further delay in passing and assenting to the Electoral Act Amendment Bill will do grievous and irreparable damage to preparations for the conduct of the 2023 elections in Nigeria.
The PDP Governors’ Forum requests the Senate and House of Representatives (House) Conference Committee when set up, to adopt the House version of the Electoral Act Amendment Bill on the issue of Electronic Transmission. It should be noted that Section 52(2) of the House version says: “Voting at an election and transmission of result under this Bill shall be in accordance with the procedure determined by the Commission.” and Section 52 (2) of the Senate version provides: “The Commission may consider electronic transmission of results provided that the national coverage is adjudged to be adequate and secure by the Nigeria Communications Commission (NCC) and approved by the National Assembly.”
The Senate version which subjects the decision of INEC to deploy electronic transmission to the decision of the Nigerian Communications Commission and National Assembly is manifestly a usurpation of the powers of INEC and offends relevant provisions of the Nigerian Constitution that guarantees INEC’s autonomy and independence.
The Forum recognises that INEC has demonstrated the capacity to transmit votes electronically, both in recent off season elections and with the introduction and deployment of the Biomodel Voters Accreditation System (BVAs), used in the recent bye-election in Delta State.
Furthermore, it is necessary to remind the Senate and House Conferees that both Chambers had already approved in S.63(5) of the Bill as follows: “The Presiding officer shall transmit the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.”
It is obvious that S.52 (2) of the Senate version is manifestly inconsistent with S.63 (5) contained in the same Bill. No doubt, S.63 (5) which both Chambers approved is consistent with S.52 (2) of the House version and should be upheld by the Conference Committee.
The Conference has no choice but to adopt the House version as to do otherwise would lead to unnecessary complications and conflicts even within the Bill.
Secondly, the PDP Governors requests the National Assembly Conference Committee to jettison the House of Representatives decision that has the effect of forcing all political parties to adopt ONLY ONE METHOD of conducting primaries. The House amended S.87 (1) of the Act, by deleting INDIRECT PRIMARIES and mandating only DIRECT PRIMARIES.
The Forum is of the view that political parties should be allowed discretion to adopt either direct or indirect primaries in their Constitutions and in practice. The Senate version that retains the original provision in the Electoral Act should be adopted in the interest of the growth of our political parties and freedom of choice, the hallmark of a functional democracy.
This intervention of the PDP Governors is predicted on the need to ensure a free, fair and credible election, that strengthens Nigeria’s democracy, constitutionalism and rule of law. Only a credible election will guarantee accountability and good governance which Nigeria so desperately needs today.
Nigerians should rise and demand no less from her politicians. It is only credible elections that puts the power in the hands of the people. This is not a partisan issue. It is not a regional or religious matter . The National Assembly should act in a patriotic manner as representatives of the people of Nigeria.
Rt. Hon Aminu Waziri Tambuwal, CFR,
Chairman, PDP Governors Forum.”