Beyond the signing into law Friday of the Amended Electoral Act by President Muhammadu Buhari, Nigerians have been urged to prepare for credible elections, henceforth.
The development may have also shifted pressure on the Independent National Electoral Commission (INEC) as there should be no more excuses from the electoral umpire.
While many Nigerians have also commended the President for giving his assent to the Bill, some others also have said he was deserving of applause as he, not only delayed the signing, but has also carried himself in a manner that suggested he had an ulterior motives.
Commending the President on his verified twitter account, Atedo Peterside, an investment banker and founder of ANAP Foundation, said: “Thank you @MBuhari for signing into law an Electoral Act that constitutes a significant improvement over previous legislation. The #GoNigeria movement wishes to thank Mr. President, our legislators, Civil Society, etc. for this team effort.”
But Governor Nyesom Wike alleged that the president was ‘selfish and not altruistic.’
Wike’s outburst followed the President’s complaint about Section 84(12) of the amended Act while he was signing the document.
The governor said if Buhari truly believed in transparent election and that everybody should have a level playing ground, he would not be suggesting the amendment of the section which he claims will disenfranchise serving political office holders from voting or being voted for at conventions or congresses of any political party.
The signing of the document has evoked new optimism among Nigerians toward the electoral process.
Across the country, the general feeling is that perhaps, with the development some of the drawbacks that had undermined the electoral process in the country over the years could be checked. Presently, all eyes are now on the Independent National Electoral Commission (INEC) to accelerate preparations for next year’s election.
The Electoral Act provides for the structure of INEC, its powers and guidelines for registering voters, procedures for the conduct of elections, the registration and regulation of political parties, electoral offences and the determination of electoral offences.
With the improvements and clauses in place, in section 49 of the Electoral Act, hope rises for free, fair, credible and acceptable elections in Nigeria as challenges such as manual calculation and transmission of results are now addressed.
However, the 2023 general election is going to serve as a litmus test for the Amended Electoral Act Manual as the Nigeria electorate awaits its practicability, and not ready for any excuse from the Independent National Electoral Commission (INEC) on inconclusive or rigged elections.
But as hope is rising as the new development seems, concerned citizens and political observers think that is a major hurdle crossed, while practicability may be the challenge.
Upon the return of Nigeria to civil rule in 1999, the first Electoral Act was passed in 2001. This was revised in 2002, 2006 and 2010. Indeed, there has always been an attempt after every election to amend the Electoral Act to take care of deficiencies or mischief noticed during the elections.
Experts say that in any democratic system, it is crucial that elections be free and fair, while an adequate legal framework has been recognised as a prerequisite for credible, free and fair elections.
With the Electoral Act now in place, it would be presumed that there is the right legislation to deal with some of the issues that had hindered the smooth conduct of credible polls in Nigeria.
Observers say that INEC needs to do more to have a hitch-free outing next year, and part of the suggestions is that political offenders must be punished. They said that having legislation in place may not solve all the problems if there is no deliberate attempt to enforce some of the provisions.
“I think having the bill is the right step forward ahead 2023, it would sanitise a lot of things in our electoral process. If you look over the years this is what Nigerians have been clamouring for in view of the challenges we have.
“Going forward, my concern is that we don’t punish these people, how many election offenders face the law after the 2019 general elections. We have to make people face consequences of their action to serve as deterrence or else this would continue”, Lanre Oyegbola, politician and public affairs analyst said.
Oyegbola stressed that if INEC and the federal government were interested in tackling voter apathy in the country, violence that had characterised elections in Nigeria must be checked.
“I have not read the bill but my point of worry also is that I noticed our elections are always ridiculed with violence, this even goes a long way to discourage a lot of eligible voters from coming out to vote on Election Day,” he added.
Speaking in similar vein recently, Deputy President of the Senate, Ovie Omo-Agege, recently solicited for paradigm shift among political players, stressing that the Electoral Act alone could not guarantee free and fair election in Nigeria.
Ovie Omo-Agege, who was speaking through, Daniel Bwala, his Special Adviser on Legal and Constitutional Matters, said no matter how good the clauses were in the electoral laws, if the other aspects of the electioneering process were flawed, the electoral process itself will ultimately be flawed.
According to him, “While there have been many more issues in our electoral history, it seems to me that if we have had adequate and unambiguous clauses, plus adequate advocacy, understanding and the will to comply, we would have had less controversies, fewer post-election court cases and generally, a more credible electoral process.”
Kunle Okunola, political analyst blamed politicians for always trying to manipulate the system, despite regulation in their favour in collusion with INEC officials in a bid to be successful at the poll at all cost.
“I commend the President for signing, well we don’t know what the plans of the politicians would be now ahead 2023, don’t forget in a bid to win at all cost, politicians always find their way to break the law or work with officials to manipulate the system. I am sure they are looking for a way out now.
“The question is; if INEC is ready to do the right thing? Would their officials not be compromised? We don’t have a perfect system, I think the ball is in INEC’s court now,” Okunola said.
Excited at the development, Chijioke Umelahi, a political aspirant and former lawmaker, is upbeat.
But he fears that political gladiators and those who want power by all means may likely find a way around it as INEC still has the biggest responsibility at ensuring the elections are credible.
“I have gone through the clauses and amendments introduced in section 49 of the Electoral Act. They are well-thought-out, and for the first time, putting the interest of the nation first, securing the electorates’ votes, and jettisoning selfish politicians out of the election equation. But my fear is that the moneybags and corrupt politicians will find their way around it,” Umelahi said.
According to the Abuja-based lawyer, the corrupt politicians and fear of losing out by some power blocs were the reasons the President delayed giving his assent to the bill to be passed into law, they knew the president will later give assent to it and they also have Plan B.
He fears that unforeseen emergencies or inconsistencies from the INEC, especially on the provision of adequate materials, logistics, staff issue, and other issues my hamper the gains of the Amended Electoral Act come 2023 and beyond.
In a divergent view, Amaye Bob-Manuel, a River State politician, disclosed that corrupt politicians will not have their way again as the amendment is encompassing and clear, making lawsuit almost impossible.
“With the provisions of the Amended Electoral Act, the conduct of election, the results and transmission of the results are public, clear and captured in data, it will be difficult to rig, and even disqualifying a credible candidate after the polls,” he explained.
Dispelling the fears of many that corruption will find its way in the elections despite the Amended Electoral Act, Bob-Manuel said that the Act provides for penalties as well and most importantly, it is the ground on which credible candidates can always fight for their mandates and reclaim them.
Where he thinks the challenge would be is in the intimidation of voters by security operatives and thugs.
“The only think corrupt politicians can do is to make sure people do not come out to vote, but once the vote is cast, the Amended Act secures it and gives power back to the electorates whose votes now count,” he said.
On his part, Sam Onikoyi, a Nigerian researcher in Belgium and concerned Nigerian in Diaspora, also thinks that while the Amended Electoral Act safeguards the votes and results, the electorates are not safe from intimidation by security agencies, which have been on increase since 2015.
“I think the politicians know they will not have their way again with the Act, but they will go for the jugular this time. For them now, it is a case of if I cannot rig in my state where I am unpopular or if my people see me as incredible, then, they will not come out to vote for their so-called credible candidate on Election Day,” he said.
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He noted further that it would be interesting to see how INEC, judiciary, law enforcement agents and other stakeholders will put into practice the provisions of the Act in 2023.
To safeguard the electorates and ensure sustainability of credible elections in the country, Bob-Manuel, who decried being rigged out during the primaries of the House of Representatives election in Rivers State, suggested that an Electoral Offenders Commission should be set up with courts and trained judges to prosecute offenders.
“If we prosecute electoral offenders as their case is hot, it will serve as a deterrent for others. Political tugs, security agents that intimidate electorates, INEC officials delay elections or compromise should be charged to the commission for immediate and open prosecution,” he suggested.
However, despite the optimism being expressed over the likelihood of credible elections on the back of the development last Friday, EnoughisEnough (EiE) a non-governmental and non-profit organisation that has been among the Civil Society Organisations pressuring the President to sign the Bill, noted that “There is only one way to change the narrative of incompetent leadership in Nigeria – register to vote. We cannot keep entrusting the delicate responsibility of electing leaders in the hands of a select few.”
Nigerians have therefore, urged to prepare themselves to exercise their franchise as it is only by so doing that the Electoral Act would have achieved its desired purpose.
