Anxiety has gripped Nigerians over the conduct of future elections as the constitutional time limit for President Muhammadu Buhari to sign the Electoral Act (Amendment) Bill 2021 ends on Sunday.
THISDAY gathered that the inclusion of direct primaries is one of the major hurdles that may militate against Buhari’s assent.
While there are indications that Buhari, who is still in Turkey, may sign the bill and send an amendment to the National Assembly, some senior lawyers have asked the federal lawmakers to override the president.
Section 58(4) of the 1999 Constitution (as amended) stipulates that where a bill is presented to the president for assent, he shall within 30 days thereof signify that he assents or that he withholds assent.
Under Section 58(5), the constitution states: “Where the president withholds his assents and the bill is again passed by each house by a two-thirds majority, the bill shall become law and the assent of the President shall not be required.”
December 19, 2021, is the deadline mandated by the Constitution for the president to sign the electoral bill sent to him for assent on November 19, 2021.
Currently, the president is on an official state visit to Istanbul, Turkey.
It was learnt that he might refuse to sign the bill and ask the National Assembly to consider some of the major issues.
A top official at the presidency told THISDAY that the president wants the direct primary imposed on political parties in the new bill removed, based on the advice of the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN).
“There is already a Supreme Court judgment that political parties should be allowed to decide their internal affairs. So, the president believes that imposing a direct primary on political parties would amount to imposing a decision on them on the conduct of their affairs,” the source explained.
Some political parties, including the main opposition party, the Peoples Democratic Party (PDP), had kicked against the direct primary and insisted that parties should be allowed to decide the management of their internal affairs democratically.
The presidency source further explained that Buhari is also concerned with the cost and security implications of direct primary.
In the letter by the Chief of Staff to the President, Prof. Ibrahim Gambari, to the Minister of Finance, Mrs. Zainab Ahmed; INEC Chairman, Prof. Mahmood Yakubu, and the Inspector General of Police, Usman Alkali Baba, dated November 29, 2021, the president had requested their inputs on the cost and security implications of the electoral bill.
The presidency source told THISDAY that it was based on the IG and the minister’s comments on the cost and security implications of direct primary elections by political parties that Buhari has raised objections against the direct primary.
The source concluded that since Buhari is expected back in Nigeria from Turkey today, he may be persuaded to sign the bill and send an amendment to areas he had raised objections to.
INEC had on December 3, 2021, replied to Buhari’s letter directing it to explain some issues contained in the electoral bill transmitted to it by the National Assembly.
According to the reliable source in the presidency, it was INEC’s considered opinion that the bill contains substantial provisions that would lay a solid foundation for important improvements in the electoral process.
INEC, he said, had highlighted landmark proposals in the bill that would radically improve the quality of elections.
These include Electronic transmission of results, early submission of list of nominated candidates, and the power of INEC to review election results declared under duress or in contravention of electoral laws and guidelines.
INEC said in its response that “an accelerated assent to the bill will facilitate the preparation of major elections such as the FCT municipal area council election, Ekiti and Osun states governorship elections, and the 2023 general election.”
It, therefore, urged the president not to hesitate in signing the bill on electoral reforms.
Chuks Okocha, Alex Enumah in Abuja, and Gboyega Akinsanmi in Lagos
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 Bill 2021 ends on Sunday.</p>
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