Sent: Friday, December 24, 2021 8:42 AM
To: usaafricadialogue <usaafricadialogue@googlegroups.com>; asrfmail <asrfmail@googlegroups.com>
Subject: [External] {ASRF} OPINION
OPINION
THE ELECTORAL ACT AMENDMENT BILL (0F 2021), AND AN APPEAL TO PRESIDENT BUHARI
THE CONTEMPORARY DEBATE
I have been following the vivacious debates and conversations on the Electoral Act Amendment Bill 2021, that is aimed at deepening democracy in Nigeria, on Channels Television News with great interest and passion. It was refreshing to observe the mutual respect displayed by the actors (governors, constitutional experts, academics, civil society groups, et cetera) before and after the President failed to give assent to the Bill. His action happened after the 30 days mandated by the constitution for him to either approve or disapprove the Bill.
I was quite impressed with the National Assembly's response to the President's reaction to the law. This was especially the case with respect to the Senate. It reacted to the Mr. President's decision not to approve the Bill with equanimity.
According to the President's letter to the National Assembly (after consultation with several stakeholders), he was unhappy about a section of provision 87 of the Electoral Act Amendment Bill. In brief, the President is not in favor of the provision which states that: "A political party seeking to nominate candidates for elections under this Bill shall hold direct primaries for aspirants to all elective positions, which shall be monitored by the Commission."
Briefly, his reasons for not assenting to the preceding provision, and "withholding" his approval of the Electoral Act Amendment Bill itself, are based on:
1. Cost of conducting primary elections…
2. Security issues…
3. Financial crimes…
4. Existing party constitution—i.e., the proposed amendment cannot work in retrospect given that the existing constitution of the parties already registered with INEC permits direct, indirect and consensus primaries.
5. Manipulation of elections…
6. Rights violations…
Mr. President is, however, in favor of the status quo as elucidated in item 4. But this provision was found to be problematic by crafters of the Electoral Act Amendment Bill judging from, or because of, the conflictive character of political elections in Nigeria.
It is striking that so much time (about 6 years) and various interest groups worked assiduously to craft the Electoral Act Amendment Bill. The provisions in the law were impressive enough that the Legislature, after its several readings of the Bill passed it, and forwarded it to the President with enthusiasm for his signature within 30 days as called for by the constitution. Indeed, it was stated that out of 158 sections of the Bill, Mr. President had his reservations on provision 87, and only with the issue of the recommended Direct Primaries for aspirants to all elective positions.
Mr. President, this Bill is popular amongst most "informed" Nigerians who are yearning for political stability and peaceful co-existence critical for development in a country richly endowed with natural resources and human capital. In fact, as my late father, who was a devout member of the PDP (and the defunct SDP), would say advisedly in moments like this "the voice of the people is the voice of God," paraphrasing Alexander Hamilton. So, please pay attention to the voice of the people, Mr. President.
Writing on the "Issue of Political Leadership in the Third World: What is to be done?" I referenced Boutros Boutros-Ghali's opinion on leadership. He noted, among other features, that a caring leader should imbibe the following characteristics: vision; eloquence; cooperative spirit; courage; and political intuition.
Mr. President, you have promised Nigerians to bequeath the country an electoral system that will advance political legitimacy, stability and development (second to none in Africa). Accordingly, I would encourage you to demonstrate courage and political intuition at this juncture in your service to Nigeria. Thus, because of the popularity of this Bill in the polity, I would suggest that, on this matter, you take or make a decision that works against corporate and elite interests (in the political parties who are guided by the "law of self-interest") to maximize the interest of the Nigerian system by cooperating with the Legislature on this Bill.
Your decision to approve the "Electoral Act Amendment Bill (2021)" early in 2022 might just be the legacy you will bequeath Nigerians. Indeed, we look forward to your embracement of our new President in 2023, just like you hugged President Jonathan of the PDP, before you return to your farm to assist "in Operation feed the nation"—another noble gesture that could endear and commend you to all citizens of the republic!
HAPPY HOLIDAYS!
IKE UDOGU
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