Parliament Amends Electoral Act Yet Again, to Allow President, Governors, Others Vote in Party Primaries

By Derrick Bangura

Nigeria’s Senate on Tuesday amended the Electoral Act, 2022, to allow ‘statutory delegates’ – all those elected – to participate and vote in the conventions, congresses or meetings of political parties.

Similarly, the House of Representatives will on Wednesday hold an emergency plenary session to re-amend the Electoral Act which was signed into law by President Muhammadu Buhari on February 25, 2022.
However, analysts are wondering if the president would sign the bill if passed by the National Assembly following what happened to the previous electoral bill where they reached an agreement that they would amend the legislation and the lawmakers reneged.

“ There is also the question: How can they change the rules in the middle of the race? As it is now, the electoral process has started, so why do they want to change the rules when the processes have already started?. But the most important issue here is that last time they reached an agreement on this matter, the National Assembly did not live up to its own commitment to the president,” a political analyst who pleaded anonymity said.

He further pointed out that the president has 30 days to either sign or withhold assent, by then all the primaries would have been done. So of what purpose is the rushed amendment?

The decision at the Red Chamber followed the expeditious consideration of a bill during plenary which scaled first, second and third readings, respectively, and was passed during plenary by the chamber after consideration by the Committee of the Whole.

Those identified as ‘statutory delegates’ include the President, Vice President, Members of the National Assembly, Governors and their deputies, Members of the State Houses of Assembly, Chairmen of Councils, Councillors, National Working Committee of political parties, amongst others.

The bill to amend the 2022 Electoral Act No. 13 was sponsored by the Deputy Senate President, Ovie Omo-Agege (Delta Central).

Omo-Agege, in his presentation, said the bill seeks to amend the provision of section 84(8) of the Electoral Act.

According to him, the provisions of the section “does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.”

“The extant section only clearly provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates of political parties.

“This is an unintended error, and we can only correct it with this amendment now before us,” the Deputy Senate President said.

Speaking after the bill to amend the 2022 Electoral Act was passed, the Senate President, Ahmad Lawan, in his remarks, said the amendment became imperative in view of the deficiency created by the provision of section 84(8) of the extant Act.

He said, “The amended Electoral Act of 2022 that we passed this year, has a deficiency that was never intended and that deficiency will deny all statutory delegates in all political parties from participation in congresses and conventions.

“And, therefore, such a major and unintended clause has to be amended before the party primaries starts in the next eight days. This is an emergency legislation, so to speak.

“Our expectation is that the National Assembly – the two chambers – would finish with the processing of this amendment of this bill, between today (in the Senate) and tomorrow (in the House of Representatives), and then the Executive will do the assent.

“That is so important to enable every statutory delegate to participate in the party primaries right from the beginning that will start on the 18th of May, 2022.

“So, this is an emergency effort to ensure that nobody is denied his or her rightful opportunity as a delegate, especially the statutory delegates, and these are those who are elected.

“These are the president, vice president, members of the National Assembly, governors, members of the State Houses of Assembly, Chairmen of Council and their Councillors, National Working Committee Members of all the political parties and so on.

“This is a fundamental effort to ensure that we address this within the week, so that by next week, the Electoral Act, 2022 (amended version), will be very salutary for us to start our party primaries.”

In a related development, the House of Representatives would today hold an emergency plenary session on the matter.

The lawmakers had on May 4, adjourned plenary to May 24, to enable the lawmakers seeking reelection to take part in their primaries scheduled for May 22.

In a circular issued by the Clerk of the House, Dr. Yahaya Danzaria, he said the session became necessary to amend a fundamental error in the Act.

The circular read: “This is to inform all Hon. Members, staff, media and the general public that the House hereby reconvenes for an emergency plenary session against tomorrow, Wednesday, 11th May, 2022 at 11:00am.

“This session has become necessary especially as to amend a fundamental error in the Electoral Act. The House regrets this short notice and implores all Members to be present.”