The Senate on Tuesday bowed to public pressure and criticism over its planned passage of the proposed amendment to the Electoral Act 2010. The controversial clause in the ammendment which sought to make members of the National Assembly automatic members of the National Executive Committee (NEC) of their political parties, was rejected entirely before it could be passed.
The development came even as the House of Representatives shelved the passage of the Bill to another legislative day following the advice of its Chairman on Business and Rules Hon. Ita Enang that members should be allowed time to study the clean copies of the Bill which was distributed to them at the plenary only yesterday.
The development came on the heels of protests staged by hundreds of students, youths and market women who stormed the gate of the National Assembly in the early hours of yesterday to protest the likely passage of the Amendment of the Electoral Act 2010.
The protesters that gathered under the aegis of “New Nigeria Project” trooped to the National Assembly and paralysed legislative activities. They were however, prevented from entering the premises of the National Assembly by a combined team of security agencies made up of policemen and the State Security Service operatives who blocked the main entrance to the complex thereby forcing them to make use of the security back gate that was linked to the Presidency.
President of the Senate, David Mark who was caught in the fray had to use the presidential gate when he met a blocked entrance as he was not allowed to drive through the gate with his convoy. Thus, he was forced to alight from his car and walk to the National Assembly.
The protesters who insisted on gaining access into the complex, brandished placards with inscriptions, “No, National Assembly, No,” “We cannot have appointed delegates,” were led by their Coordinator, Mallam Abdullahi Maibirgi who explained that they were in the National Assembly to reject the attempt by members of the National Assembly to amend the Electoral Act.
This happened even as some of the protesters and miscreants that participated in the protest openly fought one another over money allegedly paid to them by their sponsors.
One of the protesters who had seized N10,000 from the monies meant to be shared among those recruited had a raw deal as others pounced on him in an attempt to snatch the money from him.
Mallam Maibirgi said there was nothing wrong with the existing Electoral Act even as he accused the National Assembly of fragrant disregard to the yearnings and aspirations of majority of Nigerians with the introduction of the obnoxious and self-serving sections that had the potential of derailing the gains of democracy in the country.
Maibirgi also declared that the group’s rejection of the alteration of the sequence of elections to the advantage of members of the National Assembly members in addition to the attempt to make the federal legislators members of the NEC of political parties.
According to Maibirgi; “The current provisions of the amendment to the Electoral Act 2010 are nothing but a tyranny of the legislature; an abuse of privilege; a rape of our democracy and an invitation to anarchy. We, as true democrats and patriots will not stand idle and allow this to go on.
This protest is one in the series of objections and actions we are embarking on until this undemocratic self-serving ill-intentioned clauses inserted into the Electoral Act are removed.” Maibirgi therefore called on the Senate to as a matter of concern, reverse the obnoxious sections and allow the will of the people to prevail.
While addressing the protesters, Speaker of the House of Representatives Hon. Dimeji Bankole, who was represented by the House Committee Chairman on Business and Rules, Hon. Ita Enang, said the controversial Bill has not been passed but only listed in the order paper for consideration.
The protest and public outcry may have forced the Senate to embark on a last minute u-turn on the Electoral Act (Amendment) Bill by throwing out the controversial clause seeking to make members of the National Assembly automatic members of the National Executive Committee of their parties.
The Senate Joint Committee on Constitution Review and INEC had at its meeting on Monday recommended the inclusion of one Senator and a member of the House of Representatives to represent each State of the Federation and the Federal Capital Territory.
While presenting the Report of the Joint Committee, Vice Chairman of the committee, Senator Maina Ma’aji Lawan said the fundamental objective of the bill was to strengthen and deepen democracy the country’s democracy as well as amend certain sections to provide adequate time for the Independent National Electoral Commission to issue notices, receive nominations of candidates from political parties and ensure the entrenching of internal democracy within political parties.
However, at the time the Senate commenced the clause by clause consideration of the Bill, Senator Lawan stood up and moved a motion urging the upper chamber of the National Assembly to remove Section 87 (11) of the bill that was hitherto recommended for passage by the Committee.
The removed section had read thus; “Every political party in Nigeria shall establish in its Constitution a National Executive Committee (NEC). The membership of the National Executive Committee (NEC) of a political party shall in addition to what is provided in its constitution include the following: (i) one Senator per state and the FCT, where applicable; (ii) one member of the House of Representatives per State and the FCT where applicable.”
Senator Maina’s motion to have the Section deleted received an overwhelming support of the Senators thereby putting to rest the controversy surrounding the amendment of the bill.
Later during a press conference, Deputy Senate President, Ike Ekweremadu who presided over yesterday’s plenary session, said the Senate’s latest decision was in response to public outcry adding that Senators were determined to settle once and for all, the issue of membership of the NEC of political parties.
In the words of Senator Ekweremadu; “Although the House had passed it and with the public outcry, we felt that we needed to have another look at the bill. We have now removed the aspects that talked about the NEC and we hope that parties should have the liberty to decide the membership of their NEC.”
He explained that already, nearly 90 per cent of political parties have lawmakers as members of their NEC. Thus, he expressed the hope that the Peoples Democratic Party would eventually make its Constitution to accommodate more lawmakers in its NEC.
Ekweremadu further said one of the major ingredients contained in the amendment was the provision that removes the power to disqualify candidates from the Independent National Electoral Commission (INEC) and vested only with the Courts.
The Section 31(1) as amended states: “Every political party shall, not later than 60 days before the date appointed for general election under the provisions of this bill, submit to the commission, in the prescribed forms, the list of the candidates the party proposes to sponsor at the elections, provided that the Commission shall not reject or disqualify candidate(s) for any reason whatsoever.”
Commenting further on the tactical withdrawal from the passage of the Bill, particularly against the backdrop of threats by the State Governors, Ekweremadu retorted; “The Governors are only 36 out of about 150 million Nigerians. We’re more interested in what Nigerians are saying and not the opinion of Governors. We did what we did because of Nigerians.”
The Deputy Senate President also denied that the Senate resolved to withdraw from the controversial section of the Bill owing to a deal it struck with the PDP leadership stressing that the upper chamber of the National Assembly considered it as an act of wisdom to know when it is time to give up.
According to Ekweremadu; “Wisdom is about knowing when to give up. We are not afraid to give up now that we know the public opinion and we are doing this in the interest of the public. We have gone through primaries before now and we will go through it again, we are not afraid at all.”
Ekweremadu said the resolution of the Senate would not be problematic when the conference committees of both chambers of the National Assembly meet to resolve the differences in the two versions.
As a way of curbing unnecessary litigation, the Senate also passed a new clause, Section 87(9&10) to ensure that litigations on non-compliance with party constitutions would not stop the holding of primaries by parties. “Notwithstanding the provisions of the Act or Rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State or FCT, for redress.
“Nothing in this Section shall empower the courts to stop the holding of primaries or general election under this Act pending the determination of the suit.”
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