February 10, (THEWILL) – President Muhammadu Buhari is receiving consultations from the Minister of Justice and Attorney General of the Federation, Abubakar Malami, on the way forward on the ‘Electoral Act Amendment Bill 2021′, his Senior Special Assistant National Assembly Matters (Senate), Sen. Babajide Omoworare has said.
Omoworare disclosed this on Thursday in Abuja, during a discussion organised by the National Institute for Legislative and Democratic Studies (NILDS), in collaboration with Westminster Foundation for Democracy (WFD).
The policy dialogue centred on “Electoral Bill 2021 and Quest for Presidential Assent: Matters Arising.”
The National Assembly had on Monday, Jan. 31, transmitted the reworked Bill to the President for assent.
Omoworare said that consultations were ongoing by the President, the Attorney-General of the Federation Abubakar Malami and other stakeholders to assent the Bill.
“A very crucial consultation is going on between Mr President, the Attorney-General and other critical stakeholders on the content of the bill for the required assent.
“If not for this programme, I am supposed to be at the very important meeting, believed to be the major determinant for the fate of the bill.
“I have it on good authority that the attorney-general is deliberating with him at the moment and it is not just the attorney-general.
“For every Bill that comes to the President, he consults before deciding to assent or withhold his assent, with reasons in furtherance of the provision of the Constitution.
“We are aware that in spite of the fact that the President needs 30 days under Section 58 to sign, the President is desirous of signing it”, he said.
He however assured Nigerians that the bill will most likely be assented to by the President, since issues earlier raised by him in the 2021 edition, were elaborately addressed by both chambers of the National Assembly last month.
“Personally, I think in a few days time, Mr President will do the needful, since the most contentious aspect of the bill, had been addressed in the reworked one transmitted to him on Monday, January 31, 2022.
“Time as it is, is of the essence but I believe that Mr President will do the needful”, he said.
Also speaking, former Chairman Independent National Electoral Commission (INEC), Prof. Attahiru Jega, said that a good law was necessary for electoral integrity.
“We were in an unfortunate situation, where a tendency had begun to develop, where both the Executive and Legislature did not see the necessity of urgent improvement in the electoral legal framework, so that we can keep upping the integrity of our election.
“Luckily now, we have a good law arising from the reform process, which commenced after the 2019 Election”, he said.
Jega, who said that though it was unfortunate that it had taken this long to amend the Bill, noted that the legal framework was now perhaps “the best electoral law in our history. It will certainly add tremendous value to the integrity of our elections henceforth when it is signed.”
Similarly, Executive Director YIAGA Africa, Samson Itodo, said that it was inconsiderable for Nigeria to go into another round of election with the current Electoral Law.
“This Bill contains a very remarkable proposed amendment. Since 2010, this is perhaps one of the best pieces of electoral legislation in our country. We hope the President will assent to this.
“We just hope that the amount of time that the President used to communicate his decision in December won’t be the same case; and he assured us. And importantly, because we are in a national election emergency.
“If INEC needs to issue notice of election 360 days to the day of election, so by next Friday, I think INEC should be issuing notice of election. If the Bill is not assented to, it is going to impact on the timelines for election” Itodo said.
The Director-General national institute for legislative studies, Prof. Abubakar Sulaiman, said that it had become increasingly clear that the 2010 Electoral Act (as Amended) had outlived its importance.
“Hence the need to complete the process of the 2021 Electoral Bill, awaiting Presidential assent.”
Sulaiman said that as INEC prepares for the Ekiti and Ondo Governorship Elections and the 2023 General Election, it cannot do so in the uncertainty of whether a new legal framework will come into effect or not.
“Any delay in enacting the bill into law will directly make it difficult on the part of INEC’s preparation for the elections.”
He, however, said that indeed, the Bill had the potential of increasing the transparency, legitimacy and the confidence of the electorate in the country’s leadership recruitment process and democracy.
On his part, Chief Technical Adviser to INEC Chairman, Prof. Bolade Eyinla, said that amending the bill “is a contentious issue.
“The applicability of a law is dependent on when it is signed, and when it is supposed to apply. For us in INEC, we will continue to plan our election based on Extant Laws and Regulations. If anyone is signed and it is applicable, this will be used”, Eyinla said.
About the Author
