Connect with us

Opinion

The Ninth National Assembly and Electoral Act 2022

Published

on

National Assembly Complex
Share

 

By Ola Awoniyi

The happy ending of Electoral Act No.6  2010 (amendment) Bill 2022, which was signed into law by President Muhammadu Buhari on February 25 after much apprehensions, reminds one of the Petroleum Industry Bill, aka PIB.

For almost two decades, the PIB was at the National Assembly, during which time it changed in shape and contents, and became an enigma too difficult for the parliament to handle. It took Ahmad Lawan’s Ninth National Assembly to deliver the bill from its “demons” and get the President to sign it into law, ending decades of frustration. Today, we now have the Petroleum Industry Act 2021.

Like the PIB, the electoral reform bill had been languishing at the National Assembly since 2017. It was eventually passed in November 2021, amid noise on the mode of transmission of election results.

But President Buhari declined assent to the bill and instead sent it back to the National Assembly in December 2021, precisely on the eve of the commencement of the lawmakers’ Christmas and New Year recess.

That was not the first,  second or even the third time of its forth and back movement within the Three Arms Zone of Abuja.

The same bill was denied presidential assent thrice during the Eighth Assembly, a casualty of the frosty relationship between the Executive and that Assembly.

It is therefore good news for Nigerians and lovers of democracy that the President finally signed the bill into law on Friday, 25th February, 2022, marking the fourth time the electoral law was repealed and re-enacted since the return to democracy in 1999.

However, the back and forth movement of the bill this time around, before the eventual presidential assent on Friday, is significant for how it underscores the beauty of democracy and the health of that system in Nigeria.

While appending his signature, President Buhari said “the current bill comes with a great deal of improvement on the previous Electoral Bill 2021…From the review, my perspective is that the substance of the bill is both reformative and progressive.”

The successful birth of Electoral Act 2022 thus provides another opportunity to appraise the Ninth National Assembly and its responsiveness to the yearnings of the Nigerian people.

It has been exciting watching and listening to even the most critical civil society groups in the country applauding the National Assembly for a job well done and President Muhammadu Buhari for finally assenting to the bill.

There have always been very interesting comments about the Ninth National Assembly under Ahmad Lawan. Some of them have been complimentary, taking into account the many jinxes it has broken to improve the Nigerian legislative environment.  Some try to put things in perspective, noting the high and the low points.

But some others have been deliberately venomous. To this category of public commentators, the Ninth Assembly is a rubber-stamp and has done no good. Some of them go as far as calling for it to be scrapped, forgetting that parliament is the fulcrum of democracy. In fairness to them, their dark view of parliament is not a recent or sudden affliction. They also had nothing complementary to say about the previous Assemblies.

However, this piece is not a specific response to the views of any of the stated tendencies. Rather, it is to record the extent this Ninth Assembly under Ahmad Lawan has gone to deliver an electoral law that for the first time in our recent history arrived to almost universal applause.

To start with, the Ninth Assembly made the electoral reform bill a top priority in its Legislative Agenda, which was launched at its inception in 2019. This decision was not just informed by the importance of the bill to the integrity of our electoral process and democratic governance. The lawmakers were also determined to avert a repeat of what happened to the bill in the previous dispensation.

The bill, which essentially was an amendment to the law made in 2010, suffered a monumental setback on about the eve of the 2019 polls, largely due to the cat and mouse relationship between the Executive and the Eighth Assembly. That era was characterised by distrust between the two arms of government. The rest is now history.

This time around, everything was done by the National Assembly to ensure the bill passed and assented to. But nobody anticipated that its passage would be this dramatic and exciting.

The drama notwithstanding, the entire process projected the Ninth Assembly as an institution that rose above the ego and political, sectional and other sentiments of its members to do the will of the people they represent.

Some observers may probably find it difficult to agree with this view. That is expected. But I stand to be corrected.

From the moment the Executive sent the bill to the National Assembly, work began in earnest. At a point, members of the public became uneasy at the length of time it took the relevant parliamentary committees to report back to plenary for the clause-by-clause consideration of the bill by each of the two Chambers.

It was during that clause-by-clause consideration that the first hurdle showed up. This had to do with the mode of transmission of result.

The drama was gripping in both Chambers. At some point, the House of Representatives had to adjourn sitting to invite experts to elucidate on the subject matter.

The Senate too was not spared of drama. Calling for a division to determine issue is provided for in the standing rules but this is rarely invoked. This time, in the midst of tension, it was invoked by the Senate Minority Leader, as his last card. But it failed to achieve the intended result.

Both Chambers eventually scaled through the hurdle after rowdy sessions. The contending parties and interested members of the larger society heaved a sigh of relief, thinking the matter had been resolved before the parliament adjourned on Sallah recess. But the feedback from the Nigerian people would not allow the lawmakers to rest until there was a recomittal of the bill immediately after they returned from recess.

The Senate had to adjust its earlier position on some clauses and also concur with the House, especially on the modes of transmission of election results and primaries by political parties.

The Senate had initially voted Direct or Indirect mode of primaries but was persuaded by the House to limit it to only one option by deleting the indirect option. They had thought that would deepen democracy but some Nigerians saw it as self-serving.

President Buhari too felt it was unfair to deny political parties options for their primaries. For this reason in particular, Buhari withheld his assent and sent the bill back to sender with explanations. That was the first time Buhari would send back a bill passed by the Ninth Assembly.

This development undoubtedly provoked fears that, with electoral reforms, history was about to repeat itself. Political pundits were sure that the bill was destined for a second death. The insinuation was that the APC-led Federal government was afraid of electoral reforms that feature electronic transmission of results.

But this Assembly had a promise to keep. All that was needed was further consultations with the Nigerian people. This they did during the Christmas and New Year recess.

On their return from the recess, the lawmakers amended the bill to provide three options by which the political parties can conduct their primaries.They went a step further by prescribing how to conduct each mode of the nomination process to forestall possible abuse.

For the Senate, that was about the third time of shifting position to get the bill passed. This was a clear demonstration that the Ninth Senate and indeed the Ninth Assembly are people-centred in their primary responsibility which is law-making.

They have demonstrated flexibility, sensibility and sensitivity to the yearnings of the people they represent. It is this approach to their national assignments that has now given the country a new Electoral Act ahead of the 2023 polls. For the Ninth Assembly, this is a promise made and promise kept.

President Buhari too has demonstrated good faith by appending his signature to the bill despite his reservations about a particular clause that affects political appointees. Buhari did not hide his discomfort about an aspect of clause 84 of the new Electoral Act which bars political appointees from voting as delegates or being voted for at a convention or congress of political parties for the purpose of nominating candidates for any election.

Buhari’s observation that the provision, in his opinion, contradicts the provisions of the Constitution, would have been enough reason for him to withhold assent again. But he opted against that, due to the cordial relationship between the National Assembly and the Executive.

It is however very doubtful that the avowed critics of the present dispensation will see it this way. It is on record that Buhari acted in the same manner on the Petroleum Industry Act 2021 and the 2022 Budget.

Here is precisely what the new Electoral Act 2022 says on interesting issues like voting devices, mode of transmission of election results, mode of selection of nomination of candidates by political parties and the fate of serving political appointees:

Ballot boxes and voting devices:

Clause 41:

(1) The Commission shall provide suitable boxes, electronic voting machine or any other voting device for the conduct of elections.

(2) The forms to be used for the conduct of elections to the offices mentioned in this Act shall be determined by the Commission.

(3) The Polling agents shall be entitled to be present at the distribution of the election materials, electronic voting machine and voting devices from the office to the polling booth.

(4) Polling agents who are in attendance at a polling unit, may be entitled, before the commencement of the election, to have originals of electoral materials to be used by the Commission for the election inspected, and this process may be recorded as evidence in writing, on video or by other means by any Polling Agent, accredited observer or official of the Commission.

(5) A Polling Agent who is in attendance at a polling unit, may observe originals of the electoral materials and this may be recorded as evidence.

(6) The Commission shall, before the commencement of voting in each election, provide all election materials for the conduct of such election at the polling unit.

Clause 50(2): Subject to section 63 of this Act, voting at an election and transmission of results under this Act shall be in accordance with the procedure determined by the Commission.

Nomination of candidates by parties:

Clause 84(2): The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or consensus.

Consensus Candidate:

Clause 84(9):

(a) A Political Party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.

(b) Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.

(c) A Special Convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated.centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.

Political Appointee not Eligible as a Voting Delegate or Aspirant

Clause 84(10): No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.

 

Ola Awoniyi is Special Adviser on Media to the Senate President

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion

Ahmad Lawan: The Doyen of Nigerian Parliament @64

Published

on

Senate President Ahmad Lawan
Senate President Ahmad Lawan
Share

By Ola Awoniyi

Ahmad Ibrahim Lawan, the Distinguished Senator representing Yobe North Senatorial District of Yobe State, turns 64 on 12th January, 2023. Within those almost six and a half decades, he has seen it all, especially in public service. In just about five months from now, he will conclude his tenure as the 14th President of the Nigerian Senate and sixth consecutive session in the National Assembly.

Lawan has been around for so long in Abuja that it is easy to assume he was never elsewhere. Yet, his earliest work experience was in the academia, and it lasted long enough for him to bag a Doctorate degree in Remote Sensing and Geographic Information System (GIS) before yielding to the pull of partisan politics in 1998.

In that calling, Lawan has clearly made his mark. And not just because he attained the dizzying height of third in the order of succession. People see politics as a dirty game. But Ahmad Lawan does not see it that way. For him, politics should not change the core beliefs and principles of an individual. Service to the people should be the driving objective of partisan political practice. And whether in politics or elsewhere, Lawan believes one’s yes must mean yes.

This has, in no small  measure, paid off for Lawan in his almost 25 years in politics, 24 of which has been as a federal lawmaker. A member of the pioneer class of the National Assembly of the Fourth Republic, he was first elected in 1999 to the House of Representatives from the Bade/Jakusko Federal Constituency of Yobe State. He was re-elected to the House in 2003. But in 2007, Lawan crossed over from the Green Chamber to the Red Chamber as the Senator for the Yobe North District. He was re-elected to that Senate seat in 2011, 2015 and 2019.

If you know what it takes to win elections in Nigeria, you would appreciate that what multiple winners like Lawan have accomplished is no small feat. His numerous reelections underscore that his constituents appreciate the quality of representation that he has been providing to them in Yobe North District.

The life of a politician is not all gloss as it may sometimes seem. Election is not a tea party. A parliamentarian in particular needs very hard work to get a return ticket from the party. In Parliament, getting the support of colleagues for  motions and bills requires deep knowledge and passion for the subject; focus and temperament. It is actually an extra burden if you are a Presiding Officer in parliament. Success or failure at every stage has its implications.

No wonder, Mallam Nasir El Rufai, the outspoken Governor of Kaduna State, at a recent public function in Abuja, said he has no intention of seeking a seat in the National Assembly like many former governors now do.

Speaking as chairman at the second edition of the “Distinguished Parliamentarian Lecture” organised by the National Institute for Legislative and Democratic Studies(NILDS): the governor said:

“The Legislature is one branch of government I know I can never function. The hardwork needed to convince people to support even your motion is something some of us have no patience for. You know management in the Executive is very straightforward. It is very hierarchical and once you are a governor, your word is almost law. But in the Legislature, everybody is equal and there is no management that is more difficult than managing your equals. I don’t envy Mr Speaker and the Senate President at all because their job perhaps is the hardest job in this country. Managing equals is difficult.”

Despite the difficulties, Ahmad Ibrahim Lawan has shone at the National Assembly since its inauguration in 1999. Lawan is today one of only two lawmakers remaining in the National Assembly from the 1999 set. He has also attained the most enviable of heights in his many years of service at Parliament, becoming “first among equals” in the Upper Chamber, which is the very pinnacle of the hierarchy in the parliament of any democratic society. That makes him the Doyen of the Nigerian Parliament.

In his three and a half years as the 14th President of the Senate and Chairman of the ninth National Assembly, he has set a high standard for whoever will be his successors. He has demonstrated the value of parliamentary experience as a prerequisite for election as a presiding officer for the Upper Chamber.

His experience of more than two decades in parliament has made him an encyclopedia on the inner workings of the National Assembly. Lawan has the standing rules at the tip of his fingers. When any of his colleagues raises a Point of Order, he would ask the colleague to specify which order. But before the text is read out, Lawan already knows the provision and its applicability.

As “first among equals,” Lawan knows the importance of fairness in the conduct of the affairs in plenary. Even though the majority will always have its way, the minority must have its say as well.

Lawan knows the value of a bipartisan Legislature. Perhaps the most difficult aspect of the job of a Presiding Officer is to know when to hit the gavel and when not to. As one of Lawan’s aides, I heard him say, many at times, that he had no choice but to hit the gavel or rule in favour of a majority voice vote even when he held a different view to the voice vote. That is democracy.

Lawan also knows the value of promoting harmony between the Legislature and other arms of government, particularly the Executive, without compromising the independence of the Legislature.

Lawan has seen it all in Parliament. From my vintage point of observation, I quickly realized that he did not become the 14th President of the Senate and Chairman of the Ninth National Assembly by happenstance. It was the result of long years of self-preparedness, self-discipline, consistency, perseverance and tenacity of purpose.

Those attributes are essential for success in any endeavour and Lawan obviously learned that very early. And wherever he goes next, they will accompany him and pave the way for more success.

As I wish the Sardaunan Bade a happy 64th birthday, I also wish him more success in his future endeavours.

***Awoniyi is Special Adviser on Media to Senate President

Continue Reading

Opinion

Predictable Budget Cycle: A great Legacy of Ninth N’Assembly

Published

on

Senate President Ahmad Lawan
Senate President Ahmad Lawan
Share

By
Ola Awoniyi

Shortly after his emergence in 2019 as the 14th President of the Senate and Chairman of the Ninth National Assembly, Ahmad Ibrahim Lawan promised to ensure the 2020 Appropriation Bill was passed and signed into law by the President before the end of that year. That promise would have sounded outlandish in many ears and many would have dismissed it outright as a flight of fancy induced by Lawan’s euphoria of electoral victory.

Going by precedent under the Fourth Republic, there were valid reasons for such scepticism.

By 2019, it had become normal for the Appropriation Bill to come into law not earlier than the first quarter or even in the middle of the budget year. This was in spite of the apparent injury the delay was delivering to government’s annual spending plans and the economy.

How to reset the budget cycle or financial year to run from January to December as was the case in distant past had confounded and beaten the previous National Assemblies. But that was not for lack of efforts on this part of the federal lawmakers. Session after session, they visibly worked to instal a steady, reliable and predictable January to December budget cycle. That just didn’t happen, for many reasons.

However, with great determination, strategic thinking and multipartisan cooperation in the Chambers, under a new milieu of effective collaboration amongst the Arm of Government, the Ninth National Assembly achieved the feat on first attempt in December 2019!

The impacts of timeous passage of Appropriation Bills on budgetary performance, governance and the general economy have been severally articulated by economic experts.

Even at the best of times, the Nigerian economy has needed every positive effort it can get for revamping it. The COVID-19 pandemic, the Russia/Ukraine war and sundry local challenges make such efforts even more imperative now. Imagine, some of the advanced economies are already reeling in or tottering at the edge of recession.

Of course the Nigerian economy too slid into recession twice in recent past. But on each occasion, it quickly pulled out. The quick recovery was significantly enhanced by the effective collaboration and proactive interventions of the NationalAssembly.

It is on record that the performance of the budget has improved under the new stable cycle to such extent that the performance numbers are now almost hundred percent.

This is one of the achievements for which the Ninth Assembly has not been granted the deserved credit.

Instead, the doubting Thomases and mocking birds did not immediately stop laughing. Even while some acknowledged the feat, they doubted it could be sustained.

However, it has. In 2020 and 2021. And now again, the Appropriation Bill 2023 was passed by the Assembly on 28th December, 2022.

According to the Senate President, it would have been passed even earlier, before the lawmakers went on Christmas recess, but for some problems that emanated from the Executive in the process of preparing the Appropriation Bill. Those problems, later resolved through collaborative efforts, delayed but did not frustrate timeous passage of the Bill.

Therefore, President Muhammadu Buhari signing the Appropriation Bill 2023 into law on Tuesday 3rd January, 2023, which was the first work day in 2023, is historic. Not just for the National Assembly but for the country at large.

Yet, it is particularly historic for the Ninth Assembly because that is its last Appropriation Bill as its tenure ends in June this year.

It is noteworthy that the virus of late passage of Appropriation Bills year in year out had infected even state Houses of Assembly. But with the action of the Ninth Assembly setting good example at the national level, the trickle down effect has encouraged a turn around in the process in the states too. Many state governments have embraced this new culture at the national level and those that were not doing well before in that regard have taken the new cue from Abuja.We have seeing virtually all state Governors signing Appropriation Bills before the end of the year.

There is yet another innovation that has been entrenched in the country’s financial system by the Ninth Assembly. This has to do with the practice of approving the Finance Bill side by side the Appropriation Bill. The Finance Act provides the support base for an effective implementation of the Appropriation Act through some major reforms in fiscal policies of the government.

For instance, the 2022 Finance Act, which was passed same day shortly before the 2023 Appropriation Bill was passed, is to facilitate amendment to some fiscal laws as the Capital Gains Tax, Company Income Tax, Customs Excise Act, Federal Inland Revenue Service Act, Personnel Income Tax and Stamp Duty Act.

The Ninth Assembly has made it a tradition to pass this piece of legislation alongside the Appropriation Bill and this is another legacy that the succeeding Assemblies must sustain. All these feats are made possible by the effective and efficient collaboration between the National Assembly and the Executive arm of government.

Also, through this cordiality, the Ninth National Assembly has accomplished all the items in its Legislative Agenda months ahead of the expiration of its tenure in June. It may also be difficult for some people to believe, but this Assembly has passed more Bills than any other before it. The Senate President, Ahmad Lawan, noted recently at a public gathering that President Buhari has signed more Bills into law that were passed by this Assembly than any of his predecessors had done under any Assembly.

The tenure of the Ninth Assembly under Ahmad Lawan’s watch has less than six months to run out.
However, its legacy and work rate guide us to expect more accomplishments from it until its last day.

 

*Awoniyi is Media Adviser to Senate President

Continue Reading

Opinion

Was Lawan a stranger to Nigerians before his emergence as Senate President?

Published

on

Senate President Ahmad Lawan
Senate President Ahmad Lawan
Share

 

By Ola Awoniyi

I might have titled this piece: “Re: Once again, most legislators will not return to National Assembly,” because it was prompted by an article under that title written by the highly respected academic, rights activist and columnist, Prof. Jibrin Ibrahim, and published by some media outfits on Friday, 17th June, 2022. However, I decided otherwise because Prof. Ibrahim’s commentary, as usual, made many points that I consider valid and thus have no issue with.

But an aspect of the article is capable of leaving the reader with a wrong impression, and that is what I have set out here to correct.

Which means this piece is actually not a rejoinder, in the full sense of that word, to the  article by the good Professor.

Just an amendment to it, as they would have described this effort of mine in Parliament.

The focus of Prof. Ibrahim’s article was the stranglehold of state governors on their political parties in their states and how this continues to reflect in the high turnover of lawmakers, especially in the National Assembly.

The writer mentioned the Senate President, Ahmad Lawan, as one of a few lawmakers who have had long tenures in the National Assembly, despite the harsh political atmosphere he observed.

His misstep was in how he explained Lawan’s survival.

Prof. Ibrahim wrote: “The Senate President, Ahmad Lawan, is the most spectacular exception that breaks the rule.

He has been in the National Assembly since 1999, first in the House of Representatives and subsequently in the Senate.

For some reason, successive governors of Yobe State have always given him the green light to stay on.

I wonder why? Could it be linked to his style and record of being unobtrusive and inconspicuous as a legislator  who did nothing and was therefore perceived as non-threatening?

What is clear is that until he became the Senate president, hardly anyone noticed him.

He was discovered when he became Senate president three years ago and then broke the Richter scale of political ‘arrivism’ when the APC chairman announced him to be the ‘presidential’ choice of President Buhari.”

I would have ignored it if those assertions were made by an undistinguished writer.

But they are hard to overlook in the well-read column of a Professor of Political Science who is universally respected for the fairness and profundity of his opinions.

It is a typical of the columnist to claim that Lawan was unknown prior to his emergence as the 14th President of the Senate in 2019, because that claim is not true.

And it is not fair to say Lawan was “an unobtrusive and inconspicuous legislator” as of 2019.

Those claims left me curious because, more than most people, Prof. Ibrahim is in a position to know better.

He knew Lawan was the choice of his party,

the APC, for election as Senate President in 2015, based on his reputation as one of the most effective and better known opposition lawmakers in the Fourth Republic by then.

Of course, Prof. Ibrahim would remember that Lawan was the Senate Leader before his emergence as Senate President.

So, how can the Senate Leader be “unobtrusive and inconspicuous”? Even if a person was randomly appointed to the position, the role would haul him out of obscurity.

Aside from the presiding officer, the next most visible in parliament is the Majority Leader, who leads in championing the cause of their party’s government.

The Majority Leader harnesses support for executive bills and government policies in parliament.

Parties hardly assign such a critical role to a greenhorn, talkless of an “unobtrusive and inconspicuous” member of parliament.

And Lawan did not step into that position from darkness. Before his election to the Senate, he had spent two terms of eight years in the House of Representatives, where at different times he was privileged to chair critical committees like Agriculture (2003-2005) and Education (2005-2007), despite the fact that he was in the opposition at those times.

Such committees are usually chaired by members of the majority party in Parliament, so it is a reflection of what his colleagues thought of him to have accorded him those privileges.

At the Senate, to which he was first elected in 2007, Lawan held the very important chair of the Public Accounts Committee for eight years(2007-2015) and the Defence Committee for two years (2015-2017).

All those were before he became the Senate Leader. Does that profile fit the description of the “unorbtrusive and inconspicuous”?

I cannot understand why Prof. Ibrahim tried to serve his readers the impression that a man with such resume and history in Parliament was unknown before his emergence as the President of the Senate and Chairman of the National Assembly. Did he forget Lawan’s political journey out of
familiarity?

Lawan spent 10 years in the academic and acquired a doctorate in Remote Sensing and Geographic Information System before he ventured into politics in 1998.

That year, he was elected the pioneer vice chairman of the defunct All People’s Party (APP) in Yobe State and in 1999, was the Secretary of the Electoral Committee of the APP National Convention which held in Abuja.

As I was quick to say at the start, I have no quarrel whatsoever with the focus of Prof. Ibrahim’s said article of June 17, which addressed two phenomena that have become a malaise that needs to be checked for the growth of democracy in Nigeria.

One is the system that allows state governors to unilaterally determine who become party officials and candidates for elections. The other is the high

turnover of lawmakers in our legislative assemblies, especially in the National Assembly, as captured by the current situation whereby about half of senators did not get their parties’ tickets for the elections.

On those points and for his usual well-grounded interventions, I salute the good Professor.

Awoniyi is Special Adviser on Media to Senate President

 

Continue Reading