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ELECTORAL AMENDMENT BILL: NASS Approves Direct and Indirect Primaries

Jan 19, 2022

The Senate has approved Direct and Indirect Primaries or Consensus for the nomination of candidates by political parties for the various elective positions.

At the resumption of its session on Wednesday, the Senate rescind the Chamber’s decision on clause 84 of the Electoral Act (Amendment) Bill, 2021, passed by the National Assembly on November 18, 2021.

It also approved the recommended Clause 84(3) that “a political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party.”

Clause 84(4) further provides that “a political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined below; (a) In the case of nominations to the position of Presidential candidate, a political party shall, (i) hold special conventions in each of the 36 states of the federation and FCT, where delegates shall vote for each of the aspirants at designated centers in each State Capital on specified dates.”

The clause provides that a National Convention shall be held for the ratification of the candidate with the highest number of votes.

The amendment followed a motion for its re-commital to the Committee of the Whole.

President Muhammadu Buhari had signified withholding his assent on the Electoral Act No. 6 2010 (Repeal and Re-enactment) Bill, 2021 which was passed by the National Assembly and forwarded to the President on Thursday, November 18, 2021.

The rationale for withholding assent bordered on his observation in Clause 84.

President Buhari in the letter dated December 13, 2021, and addressed to the Senate President, Ahmad Lawan, had explained that his decision to withhold assent to the electoral bill was informed by advice from relevant Ministries, Departments and Agencies of Government after a thorough review.

According to the President, signing the bill into law would have serious adverse legal, financial, economic, and security consequences on the country, particularly in view of Nigeria’s peculiarities.

He added that it would also impact negatively the rights of citizens to participate in government as constitutionally ensured.

Similarly, the House of Representatives, Wednesday also adopted the provision of direct and indirect primaries for the nomination of candidates for elective positions by political parties.

This followed the consideration of section 84 sub-section 2 of the Electoral Act Amendment Bill at plenary.

Recommitting the bill for reconsideration the chairman house committee on rules and business Abubakar Fulata, explained that this became necessary following President Muhammadu Buhari’s reference to section 84 sub 2 as the reason for withholding assent to the bill.

He added that cognizant of the need to allow political parties to choose the procedure for nomination of candidates for elective positions the house resolved to reconsider the Grey area.

The speaker, Mr Femi Gbajabiamila who presided over the plenary said the recommittal was done to address the concerns as well as provide Nigeria with a credible electoral process.

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