Sunday, February 27, 2022

USA Africa Dialogue Series - Sharing: Assent to the Electoral Amendment Act Bill 2022 in Nigerian Politics

An Opinion


Nigerian Politics                 

 Assent to the Electoral Amendment Act Bill 2022

                                                      February 25, 2022


 "A journey of a thousand miles starts with the first step–and thereafter one step after another." 

                                                A Paraphrased Chinese Proverb


I would like to join other scholars and political activists, who have spent years on end struggling with theories, modalities, and instrumentalities for promoting political stability and survival of the "Federal Republic of Nigeria," to congratulate the following:

The President

Nigerians

Civil society Organizations

The Legislature

Independent National Electoral commission (INEC)

The media


I watched on Channels Television News, Arise News 10, and TVC news the debates and developments leading to the signing of the Electoral Amendment Bill 2022. I even watched the signing ceremony on Channels Television news (thanks to the magic of modern technology). I hope and pray that in future ceremonies of this magnitude or importance that a few "subaltern" Nigerians would be invited to grace the occasion along with key members of the government. Afterall, ordinary Nigerians are those who elect our political actors–and in some instances sacrifice their lives in the process of doing so. Such a gesture, in my opinion, could further the political legitimacy of the regime and system.


In his brief comments before signing the bill, the president noted, among other things, that the Bill is progressive and could revolutionize Nigeria's electoral process and system by promoting transparency. Indeed, President Buhari said: "I see the great potentials of the Bill!"


Notwithstanding the president's assent to the Bill, however, he raised particular issue with respect to provision 84 (sub-section 12) of the Electoral Amendment Bill that states:


"No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election," runs ultra vires to the constitution or runs against the constitution. The President called on the Legislature to amend this provision of the Act.


Some of the political actors appointed and who could be affected by provision 84 (sub-section 12) are:

Ministers

Commissioners

Director Generals

MDA Officials


For example, the theory is that provision 84 (sub-section 12) of the Bill will prohibit the above appointees from using their privileges of public office to run elections, and that such prohibition will be conducive to the current democratic dispensation. The president did not see eye to eye with this view.


Some constitutional lawyers, however, argued during a debate on this matter that this provision does not "really contradict the constitution." They contend that Presidents Obasanjo and Jonathan applied this policy in the public or national interest of Nigeria. 


Even so, to paraphrase Neil Amstrong, this assent to the Electoral Amendment Bill might be "one small step for man, one giant leap for mankind," in Nigeria's political development, "if adequately enacted."


Considering the temporary positive political development, I call on Nigerians, Civil Society organizations, Academics, the Media, et cetera, to be vigilant in the process of implementing the Electoral Act Amendment Bill 2022. I have seen splendid constitutional and human rights laws die due to clashing parochial interests of powerful political actors.  


To further the current process, I would argue for the establishment of a political culture, around the spirit of this Bill, that could command national legitimacy and promote successful governing in Nigeria. I would also suggest that the government and the media immediately commence an information blitz to promote its political efficacy to all Nigerians. 


To augment the preceding strategies, the major features of the Electoral Amendments Act Bill should be embedded in the curricula of our secondary and tertiary institutions and applied as part of an instrument for political socialization. This approach should be analogous to "civic studies" of antiquity.   


In my view, Nigeria has come to a point in its political history in which democracy will survive if the spirit of nationalism or patriotism is ardently promoted amongst all citizens of Nigeria– especially by our politicians. I saw the ethos of patriotism displayed in the late 70s and early 80s, when the country was "saturated" with petrodollars.


The country has all that it takes to be great again. It only lacks transformational leaders to lead us to "the promised land." All things being equal, with the passage of the Electoral Amendment Act Bill, we now have an opportunity to elect nationalist and transformational leaders in 2023 who would once again make Nigeria the "Giant of Africa." This is the hope of Nigerians of my generation, and possibly the aspiration of our current political leaders!


Aluta Continua in Nigeria!


Ike Udogu   


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