The hope of many Nigerians and other stakeholders for a free and fair general election in 2023 may have been dashed with the manner the National Assembly passed the Electoral Bill.
There has been criticism over the failure of the National Assembly to ratify electronic transmission of results as the only mode of sending election results in the country’s electoral process.
Observers have condemned the lawmakers’ action with many accusing them of putting their personal interest and that of their godfathers above the collective good of Nigerians and the country.
The House of Representatives, passed Clause 52, allowing the Independent National Electoral Commission (INEC) the discretion to decide whether to transmit election results electronically or not, however, it still fell short of expectations.
Read Also: INEC, electronic voting and 2023 general election
The minority caucus of the House staged a walk out from the Green Chamber over a process they believed was compromised.
But shortly after the walkout was staged, members of the ruling All Progressives Congress (APC) proceeded to pass the amendment bill, including the controversial Clause 52 (2) of the bill.
The clause states: “The Commission may adopt electronic voting or any other method of voting in any election it conducts as it may deem fit.”
In the Senate, Clause 52 (3) was amended to allow the Nigerian Communications Commission (NCC) decide on where and when electronic voting and electronic transmission of results should take place.
Electronic transmission of election result is not new. The system is used in several western countries and advanced democracies, even in many countries Africa, such as Ghana, South Africa, Egypt, among others.
Conducting successful elections has been a serious problem for Nigeria since her return to civil rule in 1999.
Election in Nigeria is often marred with electoral manipulations, ballot box snatching, result manipulation, killings and all manner of electoral fraud by politicians and their agents in the quest to win at all costs.
In its 2019 general election final report, the European Union Election Observation Mission (EU EOM) to Nigeria, concluded that there is a need for serious electoral reforms due to the systemic failings and low level of voter participation recorded during the polls.
The mission observed that the elections were marked by severe operational and transparency deficiencies, including electoral security problems, low turnout and abuse of incumbency power.
The EU Chief Observer, Maria Arena had said even with the challenges, there were positive improvements as the elections were competitive, parties and candidates were allowed to campaign and freedom of expression and movement largely respected.
The report added that considerable weaknesses remained, with operational deficiencies which led to the postponement of the elections while there were insufficient checks and transparency in the results process, as well as a general lack of public communication and information.
So, many Nigerians had expected the lawmakers, to have without any condition, grant the INEC the freedom to conduct and transmit the result electronically.
With what just played out at the National Assembly last week on the Electoral Bill, many citizens are beginning to lose hope of free and fair elections in the foreseeable future.
“The world is unequivocally leaning towards the use of technology for efficiency, security, and less manpower consumption. If we are not discussing electronic voting now, we are losing much more as we have unconsciously lost in time, not only as Nigeria but Africa on the global scale.
“Take away party politics, and the unwillingness of many Nigerian leaders to do what they are required to do or even know what is expected of them thinking beyond the present for unborn generations to come), we have no reason to debate against electronic election.
“Electronic voting and electoral result transmission are long overdue if we have a government that does what is expected of it to do. At this stage of our state-building, we need not still bother with inadequacies for electoral voting/electoral result transmission such as network accessibility, electricity, people with zero knowledge base on the use of e-elections,” Kayode Kehinde, a gender activist and political analyst, said.
Kayode added that action of the NASS was a general reflection of a failed system and state of the country, adding that the nation’s democracy was in severe danger.
According to her, “The Senate debate on Clause 52(3) of the Electoral Act Amendment Bill, speaks voluminously to the exhibition of our failed system. Nonetheless, not shutting our eyes from the reality of our present situation, two major arguments arise from the look of the debates as presented by both party representation in this case simply APC for and PDP against (another realisation that our version of party politics is destroying the true essence of what democracy and representation in clear terms should be).
“The first argument is considering the failure of the government for the present-day Nigerian reality, Electronic voting/result transmission would never scale (disenfranchising a part of the population) without the Nigeria Communication Commission (NCC) to determine the suitability of conducting electronic election in a voting unit. On the other hand, the other argument presupposing the possibility of foul play on deciding where and where not is suitable for electoral voting. Remember, e-election above all also aims to curb electoral malpractices. Giving NCC and the National Assembly the prerogative may mar this essence.”
Jide Ojo, a public affairs analyst, said the action of the Nigerian Senate, and by extension, the National Assembly smacks of mischief and deliberate orchestration of confusion in the Electoral process.
According to him, “The question is being asked, as to why the National Assembly did not keep to its earlier promise of passing the Bill latest by the first or second quarter of 2021? Why did the Federal lawmakers wait till the last day on which they would proceed on their annual two months’ vacation, before passing the Bill?
“However, with what just played out at the National Assembly last week on the Electoral Bill, many citizens are likely to be disenchanted with the electoral process and refuse to register to vote, and even if they did register.
“Why did the two chambers not pass the same version as agreed on, at the technical Committee level? Which version of the two chambers will prevail when the Conference Committee is constituted to harmonise their positions on the two versions? Will the President sign the Bill, if the Senate’s version is presented to him?
“The truth is that, what played out at the National Assembly on the Electoral Bill is a well-rehearsed drama, meant to frustrate any electoral amendment ahead of 2023 general election”.
Moshood Salvador, an APC chieftain in Lagos State, said the electronic transmission of election results in Nigeria was inevitable and necessary for free and fair elections in the country.
He said that the National Assembly and NCC should be working for the interest of Nigerians, adding that if they do otherwise they have to explain to Nigerians who they are serving.
“Electronic transmission of results is inevitable and vital if you are to conduct a free and fair election in Nigeria. So, the action of the NASS came as a surprise to me and I wonder who they are working for.
“Those people in NCC and NASS are paid with Nigerians money and they should serve the interest of Nigerians if they do otherwise they have to explain who they are serving,” Salvador said.
Robert Emukperuo, a Senior Advocate of Nigeria (SAN), has said that the provisions on electronic transmission of election results proposed by the Senate and the House of Representatives in the Electoral Act Amendment Bill infringed on the powers of the Independent National Electoral Commission (INEC).
Emukperuo, who spoke on a television programme, observed that disparities in the versions of the amendment bill passed by the two chambers of the National Assembly necessitated a need for reconciliation to arrive at a harmonised version which could be passed into law.
He however, pointed out that the sections that were proposed by the Senate and the House of Representatives on electronic transmission of results “appear to regulate the powers of INEC.”
The provisions proposed by the House of Representatives gives sole discretion on electronic transmission of results to INEC while the Senate threw in some caveat including NCC intervention and the approval by the National Assembly.
“So, the real question is how the National Assembly is trying to regulate how INEC organises and supervises elections. Is that not more or less encroaching into the constitutional powers of INEC? The constitution has given INEC the powers to organise elections, to undertake it and supervise it subject to its own directions. That throws up a very serious constitutional question. If any of these provisions, either of the Senate or that of the House is passed, can it not be said to be an infraction on the constitutional powers of INEC?” he asked.
