ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 427 - 01/02/2002

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Nigeria
Controversial Electoral Bill

ELECTIONS

Nigeria’s law makers both in the lower and upper chambers of the National Assembly,
have been trading a war of words with the 36 State Governors,
over matters arising from the proposed Electoral bill
which is threatening Nigeria’s nascent democracy

Although the Peoples Democratic Party (PDP) enjoys a comfortable majority in the Senate, the Federal House of Representatives, as well as controlling most of the States and Local Governments, in addition to producing the President and Commander-in-Chief-of the country’s Armed Forces, the party faithful are now at loggerheads. This time, the area of contention is the new electoral bill which demands that all elections for local government councils, Governorships, the National Assembly and the President, should be held in the year 2003.

However, holding all the Elections within the same period, will automatically increase the tenure of local government chairmen from three to four years. Most State Governors are against this, because they see it as a deliberate attempt by the National Assembly to frustrate the Governors’ re-election bid.

Governors insist on constitutional provisions

The State Governors insist that local government elections must be held in 2002, but the Senate’s position is, that the presidential elections should precede all other elections in 2003. The Senate’s decision to start the election exercise with the presidential polls, followed by elections for the Senate and the House of Representatives, is taken by many people to indicate that the Federal Government is intending to ensure that it calls the shots, but not the States, as has always been the case.

Senators, on the other hand, have taken this decision because in their view, State Governors already wield enormous power and influence, which needs to be curtailed. The Governors consider such action as unacceptable, because the Constitution gives the States the power to constitute their own State Independent Electoral Commissions (SIECS), separate from the Independent National Electoral Commission (INEC) at the national level.

Controversy

Another area of controversy in the proposed bill affecting some of the State Governors, is the issue of Section 182(1)b of the 1999 Constitution which states that: «No person shall be qualified for election to the office of the Governor of a state if «he has been elected at two previous elections». According to the provisions of Section 182(1)b, some elected State Governors, particularly those of Taraba, Yobe, Ogun and Kogi would be disqualified for re-election.

Then there’s questions concerning the registration of new political parties which is also included in the new electoral bill. The following recommendations are made:

Candidates can switch to another party at least 30 days before election.
The rules on the formation of parties are to be relaxed and parties will be registered provided they have offices in half the States of the Federation.
The Independent National Electoral Commission (INEC) will be allowed to participate in the conduct of local government elections.
Voters are to vote in their places of residence.
INEC decisions on the registration of parties will be subject to judicial review as long as it does not tamper with the conduct of the election.
The National Assembly is to approve grants for political parties which exist nationwide. Nigerians living abroad cannot vote.
Identity cards will not be used for the Elections.

If the various State governors insist on conducting the Council Elections this year, there will be a major constitutional crisis, but doubt has been expressed if President Olusegun Obasanjo will put his presidential assent to the controversial bill, judging from the sensitive nature of the matter.

But if the 36 State Governors dare to challenge the Senate on the contentious areas of the Electoral bill by going to court or going ahead to conduct their own elections, many Nigerians are wondering who’ll win the fight!

Editor’s update: 7 December 2001: President Obasanjo has endorsed the new election timetable. The legislation sets out that all polls — presidential, state and local — will be held on the same day in March 2003. 22 January 2002: President Obasanjo, a born-again Pentecostalist, has said he is waiting for God to decide whether or not he will stand for office again in next years’ elections. Until the divine direction arrives, said the President, he would urge his supporters to «walk, watch and pray». While this is sweet music to the ears of a growing number of Christian Evangelists in Nigeria, the President’s words in public may not tally with those of his close supporters or even his own actions and inactions.

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