Wednesday, December 22, 2010

THE CONTROVERSIES AROUND THE ELECTORAL ACT 2010 AMENDMENTS-14th December, 2010.

 As has been widely expected, the attempts to amend the 2010 Electoral Act around the particular interests of Legislators, as well as the inclusion of some other controversial clauses in the Act have generated a major debate within the PDP and the nation at large. These debates threaten the nature of the existing power relationships within the Parties, the position and prospects for success of the President, Governors and Federal and State Legislators with just a few months to the 2011 elections. They also have the potential to affect both quality of the final version of the Electoral Act being amended, as well the issue of the time of its passage. These are the same unnecessary debates and controversies which many stakeholders and other Nigerians predicted, and warned would arise from the self-seeking postures of those with responsibility to amend the Act and the Constitution.
          The attempt to legislate the automatic membership of the National Executive Committees of all Political Parties by all members of the Senate and the Federal House of Representatives has, as predicted, invoked the anger and hostility of Governors, against whom it is intended. Governors are now up in arms against the proposed amendment, and will use every available means to scuttle it, because they see in the amendment an attempt by the Legislators to reduce their powers of control over the Party. The Governors are likely to use their influence with Mr. President and some Senators to ensure that the clause is dropped. They will also use their extensive influence over the media and other means of shaping public opinion to wage a propaganda war against the Legislators, who are already being portrayed as greedy and insensitive by the public.
State legislators are also fighting the amended clause which deprives them of the right to be delegates at Congresses and Conventions. The proposed listing of persons qualified to be delegates apparently excludes them, and they are angry that they are being prevented from providing grassroots impact during Primaries. They will also resist the passage of this clause, using their own influence with State Governors and possible rapport with some elements in the National Assembly.
There are yet other battles being fought out. It is not clear whether the clause which now provides for a single, Abuja-based Convention instead of the State-based Congresses to select the Presidential candidate will be signed into law. Certainly, it will be the choice of President Goodluck Jonathan that it forms part of the Electoral Act, but other major players, particularly in the PDP, will fight this reversal with the entire arsenal at their disposal. The National assembly, as well as the PDP NEC, National Working Committee and the entire PDP decision-making organs will now become battlefields where these contentious issues will be fought out.
Such is the dominance of the PDP in the executive and legislative arms of government that opposition Parties’ views on these important matters hardly make any impact. This is a major limitation in a multi-party democratic system. Even more worrisome, however, is that these amendments and quarrels they generate appear to be designed around specific, narrow interest of key political players on the stage today. By the time the National Assembly and the President sort out the argument around what should, or should not be in our Electoral Act, the nation is likely to see naked ambitions and opportunistic attempts to tilt the playing field in favor of some interests which are already well known. This is not a good foundation for the conduct of free and fair elections. The attempts to achieve unfair advantages through legislation will also create a whole army of bitter rivals, who will try to take their pounds of flesh through other means. All these will make for a very volatile political environment, which will pose serious problems for the conduct of the elections.
    This medium has made the case several times that the only amendment which is necessary is one that moves the dates of the 2011 elections from January to April, 2011. All other amendments are opportunistic and self-seeking attempts, which in addition, will also increase the uncertainties over the conduct of the elections. Since it does not appear that elected leaders will exercise their mandates with responsibility and respect for public opinion and the sanctity of the electoral process, it is important that all Political Parties, N.G.Os, C.S.Os, the media and the public raise their voices against these destructive antics of our leaders. The nation needs an Electoral Act which forms the basis of credible elections, and it now appears that this requirement is too important to leave in the hands of our legislators alone. Nigerians need to say in clear terms that they should stop manipulating the legal framework of the 2011 elections by concluding the amendment processes immediately without tier particular interests as appendages. 

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