Fear of entrenched interests over electoral reform

STAKEHOLDERS in the Nigerian electoral process are confident that electoral law reforms cannot be avoided ahead of the general elections billed to take place in 2023. Deputy Leader of the Senate, Professor Robert Boroffice, and the National President, Inter Party Advisory Council of Nigeria (IPAC), Peter Ameh  told Sunday Tribune in separate interviews that the reform remained a critical task to be undertaken by the Nigerian legislature, in this case, the ninth Assembly, for the improvement of the electoral process. The recent electoral experience in Kogi and Bayelsa states which has received global condemnation, they maintained, has re-emphasised the need for the electoral law to be amended.

According to Borrofice, electoral development is subject to dynamism and should be so approached by all stakeholders for a more appreciable outcome agreeable to all actors and political parties.

Professor Boroffice, while canvassing for reforms that would promote peaceful conduct of elections, stated that the campaign for e-voting had its demerits and all stakeholders ought to discuss this and the aggregate views of Nigerians on the bill should be reflected on it for passage by both chambers of the National Assembly.

He said even the globally-acclaimed advanced democracies had issues with the electronic voting, adding that the technology being canvassed  forto boost electoral credibility ought to pass the integrity test to inspire stakeholders’ confidence in the process.

He said: “What you have to talk about now is the integrity of the machine, the integrity of the system. Even Americans are not happy with their e-voting, because if you press ‘A,’ you will think that it is the point that you press is A. It may go to ‘B,’ depending on how the machine is configured.

“This itself is subject to manipulation. We have to study it properly and make sure that the integrity of the system is not in doubt, whether you are rural or not.”

According to Boroffice, Nigerians must make a decision on what they want and stand by it.

He said election fraud, violence and all other forms of ignoble activities carried out in desperation by some politicians and their cohorts that have undermined the integrity of the process are the works of humans all of whom are Nigerians.

Therefore, it is a collective task to be undertaken by all to eliminate electoral violence in the nation’s political activities by accepting to reject this and act in accordance with the desire than merely making condemnations of electoral violence without making concrete efforts to do away with it.

“You know the elite who live in the cities do not often vote. They just sit down and criticise. Let us wait and see the amendment being proposed and wait for experts’ views to guide us. The committee will invite experts. Let us listen to the Independent National Electoral Commission (INEC) which is responsible for the implementation of the electoral law. Let us listen to the police, the Department of State Services (DSS) and all security institutions, because they have become part of the electoral system. Let us listen to the political parties.

“Then, we will all come together and say this is the preponderance of opinions. This is what we are going to uphold for the nation. We are all part of it. This country must work. We must have an electoral law that is workable and also yielding positive result. And if Nigerians want sincere, free and fair election, they will get it. Who are those rigging elections? It is Nigerians; those perpetrating violence are not foreigners. They are Nigerians. So, Nigeria must make its decision that we want an electoral law that is free and fair,” the principal officer of the Senate said.

President Muhammadu Buhari had rejected the electoral law amendment by the Eighth Assembly about three times for various reasons. In a letter dated December 6, 2018 and entitled; ‘Presidential Decision to Decline Assent to (Electoral) Amendment Bill,’ sent to the leadership of the National Assembly, then Senate President, Senator Bukola Saraki and Speaker of the House of Representatives, Yakubu Dogara,  President Buhari stated that “pursuant to Section 58 (4) of Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the House of Representatives my decision on December 6, 2018 to decline presidential assent to the Electoral (Amendment) Bill 2018 recently passed by the National Assembly.

“I am declining assent to the bill principally because I am concerned that passing a new electoral bill this far into the electoral process for the 2019 general election, which commenced under the 2015 Electoral Act, could create some uncertainty about the applicable legislation to govern the process.

“Any real or apparent change to the rules this close to the election may provide an opportunity for disruption and confusion in respect of which law governs the electoral process.

“This leads me to believe that it is in the best interest of the country and our democracy for the National Assembly to specifically state in the bill that the Electoral Act will come into effect and be applicable to elections commencing after the 2019 general election.

“It is also important for the following drafting amendments to be made to the bill.”

Buhari further highlighted some of the specifics he sought clarity on to prevent confusion of any kind to the amendment in its implementation by the INEC and other stakeholders.

“Section 5 of the bill, amending Section 18 of the Principal Act, should indicate the subsection to which the substitution of the figure “30” for the figure “60” is to be affected.

“Section 11 of the bill, amending Section 36, should indicate the subsection in which the proviso is to be introduced.

“Section 24 of the bill, which amends Section 85 (1), should be redrafted in full as the introduction of the “electing” to the sentence may be interpreted to mean that political parties may give 21 days notice of the intention to merge, as opposed to the 90 days provided in Section 84 (2) of the Electoral Act which provides the provision for merge of political parties.

“The definition of the term: ‘Ward Collation Officer’ should be revised to reflect a more descriptive definition than the capitalised and undefined term ‘Registration Area Collation Officer.’

The bill is back in the Senate and sponsored by the deputy president of the Senate, Senator Ovie Omo-Agege, who, in his lead debate, tasked the Senate to live up to its promise of reforming the electoral system to work for Nigeria.

“The amendment sought by the bill will, among others, provide sanctions for giving false information for the purpose of registering a political party and ensure that failure by the Independent National Electoral Commission and others to comply with any provision of the Act carries adequate sanctions,” he said.

Boroffice stated that: “Whatever law comes here, it is for Nigerians and for Nigeria to work. We have seen what is going on now in the elections that we have had recently. We have heard what Nigerians are saying over elections.

“Again, all of us are part of this electoral process. Electoral laws are subject to dynamism and subject to review from time to time. So, if it is before the Senate for amendment, it will be for better. It will be a document that will improve the electoral process in the country. We should not be afraid. We should not be jittery that whatever amendment is brought will be subject to public hearing and at public hearing all stakeholders will be a party. INEC will be there. All political parties will be there. Civil societies and the Nigerian Bar Association (NBA) will be there. As many stakeholders as possible will be there to tell us what they feel about the law. It is this that we will harmonise and put in the bill.

“Whatever amendment that will be made will be in the interest of Nigerians will be made and it will be nonpartisan; it will not be in the interest of any political party. It will be because we want the elections to be free and fair and help to actualise the views of the majority of Nigerians, as far as elections are concerned.”

Also, Ameh told Sunday Tribune that electoral reform was key to free, fair and successful future elections in Nigeria, but insisted that the INEC ought to shed off some of the work load on it.

According to Ameh, the issue of litigation should be off the mandate of INEC. The commission should only focus on conducting elections and ensuring that they are credible.

He maintained that the Electoral Act Bill 2018 sufficed as presented to the president because it had already captured the aspirations of all political parties and should be made to stand.

Ameh said there was no need for a new amendment, pointing out that upholding the already passed amendment would be cost-effective on the electorate and save the nation a lot of time, especially as it would afford the nation good time to prepare for future elections.

Of note to Ameh was the amendment of Section 43 by insertion of new subsections “(4A),“ “(4B),” and “(4C)” after section 43(4) of the Principal Act.

The insertion in 4A seeks to create additional observation privileges for polling agents by allowing inspection of election materials as well as making written and audio-visual recordings of their inspections before commencement of elections.

Accredited observers and officials of the commission are also added to the list of persons who can make these inspections under the proposed “4A.” The proposal in “4B” seeks to invalidate any election conducted in violation of these provisions. “4C” adds that presiding officers who carry out elections in breach of these proposed provisions will face a criminal penalty of at least one year imprisonment, a fine of N1 million or both.

Insertion of a new Section 65(A) after section 65 of the Principal Act

This amendment seeks to mandate digital storage and archiving of election results by INEC at its national headquarters. It mandates the commission to compile, maintain and update a national electronic register of election results as a separate database. the national electronic register will contain the information of results relating to polling units in every election conducted.

Furthermore, it allows any person or political party obtain a certified true copy of an election result that is stored in the national electronic register in a state, local government, area council, ward or polling unit. This could be printed or stored in an electronic format after paying the fees prescribed by the commission.

“Those polling staffers of INEC who re-write results, that is, Resident Officers (RO) Electoral Officers (EO) and those who were in the last amendment rejected by the president should be liable to the amendment of five-year jail term without an option of fine. That should stand,” Ameh submitted.