How the Partisans Crippled the Electoral Act, PIB

Udora Orizu writes that the consideration of Electoral Act and Petroleum Industry Bill reports at the Senate and House of Representatives were characterized by partisan, ethnic sentiments and altercations among the lawmakers

Last week, the leadership of the Ninth National Assembly contrary to their promise to Nigerians as listed in their legislative agendas, failed to live up to that promise as they allowed political party and ethnic interests muddle their judgement in the passage of two key legislations, the Electoral Act and the Petroleum Industry Bill.

The passage of the two landmark bills which would have transformed the electoral process and oil and gas industry of the nation were muddled in party politics and ethnic bias rather than the desire of the citizens whom they represent.

At the plenary, lawmakers in both chambers became charged as they debated the reports of the legislations especially the clause that provided for electronic transmission of election results in electoral act and the 3 percent granted as equity fund for host communities in PIB. The outcome of that debate (electoral act) was a clear indication that members of the All Progressives Congress (APC) in the Senate and the House of Representatives, support future elections being delegitimized.

Electoral Act Debate at Both Chambers

Clause 52(2) of the Electoral Act (Amendment) Bill 2021 tore Senators and House of Representatives members across party lines apart in the course of considering the clauses of the entire report.

The contentious clause saw the ruling All Progressives Congress (APC) Senators and Reps members rejecting the calls for electronic transmission of election results by the Independent National Electoral Commission (INEC) while the opposition Peoples Democratic Party (PDP) members voted for electronic transmission of poll results.

Presenting the report of the committee, at the Senate plenary, Chairman of INEC Committee, Senator Kabiru Gaya said their mandate was to holistically address all issues affecting the conduct of free, fair and credible elections in the country.

Senate Minority Leader, Eyinnaya Abaribe (PDP Abia), during the clause by clause consideration of the report, had called for a division of plenary to enable Senators vote on Clause 52.

Abaribe’s move was sequel to calls for amendment of the section by Senators Abdullahi Sabi (APC, Niger North) and Albert Bassey (PDP Akwa Ibom North East).

Senator Sabi had sought an amendment to Section 52 (3) which read inter alia “The Commission may transmit results by electronic means where and when practicable.”

The Senator had prayed the Upper Chamber to amend the section to read, “that the Commission may consider electronic transmission of election results provided the network coverage in the area concerned is adjudged to be conducive for transmission of results, by the National Communication Commission (NCC).”

Senator Bassey, on the other hand, had sought an amendment to reflect that INEC may allow for Electronic Transmission of results where and when practicable.

Attempt by the Senate President, Ahmad Lawan (APC/Tobe), to rule in favour of Senator Sabi’s clamour was rejected by the Minority Leader, Senator Abaribe and some Senators who rose from their seats despite repeated calls by the leadership of the Senate for calm.

Flowing from this, and to douse tension, the Senate President called for a executive session.

Soon after the closed door session that lasted for about 40 minutes, the Senate Minority Leader, insisted on Order 73, which called for division of the upper chamber to enable single voting on the issue by individual Senators on whether the Senate would adopt either of the amendments by Senator Bassey or Senator Sabi.

Following Senator Abaribe’s call for division, Ali Ndume (APC Borno South) called for caution, warning that lawmakers must be wary of anything that would affect cohesion in the Red Chamber.

Opposing Senator Bassey’s amendment, Senate Chief Whip, Senator Orji Uzor Kalu cautioned Abaribe over demands for electronic transmission of election results.

He claimed that the South East state had neither stable electricity or sufficient telecommunication coverage to guarantee efficient transmission of results.

Others who voted against Bassey’ move argued that Nigeria was not ripe for electronic voting and transmission of result.

Though the Leader of the Senate, Senator Yahaya Abdullahi (APC Kebbi North) and Senator Opeyemi Bamidele ( APC Ekiti Central), separately made spirited efforts to make Abaribe withdraw his motion on division but Abaribe stood his ground for the division and physical counting of votes .

Before the physical voting done by calling the Senators one after the other per state, the President of the Senate explained to them that those in favour of amendment made by Senator Sabi Abdullahi should say No, while those for the counter amendment made by Senator Albert Bassey should say yes .

After the explanation, the Clerk of the Senate, Ibrahim El-Ladan presided over the election by calling the Senators one after the other on the basis of state by state.

At the end of the physical voting which lasted for about 40 minutes, a total of 80 Senators voted, out of which 52 voted for the amendment made by Senator Sabi Abdullahi and 28 voted for original provision of the clause.

As announced by the Clerk, 28 Senators were absent during the division and voting session .

While all the 52 Senators who voted for the amendment belonged to the ruling All Progressives Congress (
APC) , 26 out of the 28 Senators who voted against the amendment belonged to the Peoples Democratic Party ( PDP), indicating party line of voting.

All the three Senators from Anambra and Ogun States, were not at the start of the physical voting, the same way two out of the three Senators from Oyo State left the chamber before the commencement of voting.

On the basis of Yes and No voting for the original provision of the clause those who voted No were Senators Orji Uzor Kalu (Abia North), Ishaku Elisha (Adamawa North), Dahiru Aishatu Binani (Adamawa Central), Jika Daudu Haliru (Bauchi Central), Bukachuwa Adamu Muhammad (Bauchi North) and Degi Eremienyo (Bayelsa East).

Others were Senators Abubakar Kyari (Borno North), Shettima Kashim (Borno Central), Ali Ndume (Borno South), Stephen Odey (Cross River North), Ovie Omo-Agege (Delta Central), Peter Nwaoboshi (Delta North), Francis Alimikhena (Edo North) and Opeyemi Bamidele (Ekiti Central).

Also voted No were Danjuma Goje (Gombe Central), Amos Bulus (Gombe South), Alkali Saidu (Gombe North), Frank Ibezim (Imo North), Hadeija Hassan Ibrahim (Jigawa North East ), Abdul – Kwari Suleiman (Kaduna North ), Uba Sani ( Kaduna Central), Kabiru Gaya (Kano South) , Ahmad Babba Kaita (Katsina North ), Mundiya Bello (Katsina South) and Abdullahi Barkiya ( Katsina Central).

Others are Yahaya Abdullahi (Kebbi North), Abdullahi Adamu Aliero (Kebbi Central) , Oseni Yakubu (Kogi Central), Smart Adeyemi (Kogi West ), Isah Jibrin (Kogi East ), Lola Ashiru (Kwara South), Yahaya Oloriegbe (Kwara Central), Remi Tinubu (Lagos Central) and Olamilekan Adeola ( Lagos West), Adamu Abdullahi (Nasarawa West), Tanko Al -Makura ( Nasarawa North) , Akwashiki Godiya (Nasarawa South), Mohammed Sani (Niger East), Abdullahi Aliyu Sabi (Niger North), Bima Enagi (Niger South), Robert Boroffice (Ondo North) Basiru Ajibola (Osun Central), Adelere Oriolowo (Osun West ), Dimka Ayuba( Plateau Central ), Ibrahim Gobir ( Sokoto East ), Yusuf Yusuf (Taraba Central), Isa Shuaibu Lau (Taraba North), Bomai Ibrahim Mohammed (Yobe South), Sahabi Ya’u ( Zamfara North ) and Lawali Hassan Anka (Zamfara West).

Those who voted Yes were Senators

Adenugba Fadahunsi, Clifford Ordia Matthew Urhoghide, Kola Balogun ,Gyang Istifanus, George Sekibo, Biodun Olujimi, Mpigi Barinada, Betty Apiafi, Abdullahi Danbaba and Philip Aduda.

Others are Chukwuka Utazi, Abdullahi Ibrahim Danbaba , Francis Onyewuchi , Danjuma La’ah, Patrick Akinyelure, Enyinnaya Abaribe.

In his remarks after election, the Senate President explained that the 28 absentees were on official oversight functions in national interest.

He said: “We have gone through probably the most rigorous process we ever had. We had at a point had to go through a division, but that is democracy. No hard feelings and I’m sure that Nigerians will appreciate the debt of concern by all of us here. Those who voted for amendments and those who voted against, each one of us did so out of conviction for what we believe will be better for this country. In this case the Electoral Amendment Bill has now been passed by the Senate and we expect that the House of Representatives, our counterparts will do the same.”

At the House, Lawmakers Engage in Verbal and Physical Blows

As expected, the clause-by-clause consideration of the Electoral Act amendment Bill in the House of Representatives led to the physical combat among lawmakers. Following the heated argument that ensued among the lawmakers, the plenary activities were halted for about four times.

It was during the stormy session that lawmakers threw caution to the wind and engaged in physical combat. especially between Hon. Ifeanyi Momah (APGA/Anambra) and Hon. Shehu Koko; Yusuf Gagdi (APC/Plateau) and Hon.Mark Gbillah (PDP/ Benue).

The clause-by-clause consideration was almost enjoying smooth sailing in the House until they got to Section 52(2) of the proposed legislation which gives discretion to the Independent National Electoral Commission (INEC) to adopt electronic voting or any other method of voting in any election it conducts as it may deem fit.

To amend the section, Hon. Shehu Koko (APC/Kebbi) moved a motion that under Section 52(2), accreditation and voting should be done electronically, while collation and violation should be done manually, but lawmakers shouted No! to the motion.

The Deputy Minority Leader in the House, Hon. Toby Okechukwu (PDP/Enugu), however, moved a different motion that says voting, accreditation and transmission of results shall be done electronically.

The Deputy Speaker of the House, Hon. Idris Wase (APC/Plateau), who presided over the consideration of the Bill put the motion moved by Okechukwu to vote, but while the ‘Ayes’ clearly had it, Wase ruled in favour of the ‘Nays’.

It was at this point that the chamber became rowdy and the lawmakers who voted in favour of electronic transmission of results left their seats and moved towards Wase’s seat to protest against the injustice.

After normalcy returned after about 40 minutes, the Deputy Speaker said as legislators, they can lobby other members, canvass their positions and also vote.

But he warned that he would not take exception to people approaching his seat to insult him saying “I take exception to that.”

He stressed that as parliamentarians, they should conduct themselves adding that language conduct is very important.

Wase noted, “I make bold to ask, those who are insisting that you must transmit electronically, what about our brothers in Borno and Yobe?”

However, Hon. Kingsely Chinda (PDP/Rivers) moved a motion that since Wase had ruled in Okechukwu’s motion they should divide the House. This is to ensure those in support electronic transmission of results on one side and those against on the other.

As he repeatedly hit the gavel, urging his colleagues to calm down, another lawmaker, Hon. James Faleke (APC Lagos) moved a motion that voting should be done electronically and manually.

But the Speaker, Hon. Femi Gbajabiamila (APC/Lagos) interjected, and suggested that the lawmakers should vote individually to properly settle the matter.

Gbajabiamila said, “The amendment by Toby is electronic transmission, the amendment by Faleke is electronic and manual transmission. This is a moment in history and whatever we decide should be in the best interest of Nigerians, whether it’s manual or electronic. Those who want manual cannot impose that on those who want electronic, those who want electronic cannot impose that on those who want manual. What we need to do is vote.”

In his submission, Hon. Onofiok Luke (PDP AkwaIbom) said the lawmakers should vote, bearing in conscience the interest of Nigerians who gave them the mandate to represent them.

However, the House Leader, Hon. Ado Doguwa (APC/Kano) cited the rules of the House that when a matter has been ruled on, it can’t be revisited.

On his part, the Minority Leader, Hon. Ndudi Elumelu (PDP/Delta) supported Gbajabiamila’s suggestion saying it was in order.

The Deputy Speaker, however, ignored Elumelu’s suggestion and opted for a voice vote on Falake’s suggestion.

For the second time, he again ruled in favour of the “Nays” despite “Ayes” having the majority vote.

After Wase’s ruling, the plenary again became rowdy as the proponents of electronic transmission again left their seats and moved towards Wase to protest.

It was during the heated arguments among lawmakers that it resorted to physical fighting.

Doguwa therefore moved that the House return to plenary but his motion was voted against by the members.

When it appeared that the situation was getting out of hand, Gbajabiamila ruled that the adjourned till today for the consideration of the controversial Section 52(2) of the proposed legislation. The House also resolved to invite the Independent National Electoral Commission and Nigeria Communication Commission (NCC) to brief them on the possibility of e-transmission of election results.

Addressing lawmakers the next day, in the chambers, the Nigeria Communication Commission (NCC) disclosed that only 50.3 percent of the 119,000 polling units in the country are covered by 2G and 3G network.

The Director of Technical Services of the Commission, Obale Maska, who made the disclosure, said the remaining 49.7 percent was without network coverage. He added that only 3G network can adequately transmit the results.

Meanwhile, INEC on its part didn’t show up. Shortly after the presentations by NCC, the House reverted to plenary with the Speaker, Hon. Femi Gbajabiamila in charge.

He announced that the House will revert to the Committee of the Whole to continue the consideration of the clause-by-clause report of the electoral bill from item 1 to 52. However, the continuation was met with another commotion.

The Deputy Speaker, Hon Ahmed Wase while assuming his seat stirred the hornet nest when he said that the House had already considered items 1 to 54.

Meanwhile, the controversial clause is captured in section 52(2) of the report.
Members disagreed with Wase and said that they stopped at 52 (Thursday). The development brewed some commotion.

After calm was restored, the lawmakers agreed to carry the remaining clauses of the Bill and retake the contentious clause 52 (2) later.

The consideration took a different turn when the Minority caucus staged a walkout, following refusal by the presiding chairman, Ahmed Idris Wase to retake the amendment to clause 52.

The Minority Caucus briefing journalists while consideration is still ongoing in the chambers, said they are totally disappointed in the deputy Speaker, as well as the NCC team who they said told blatant lies about not having adequate network coverage to enable electronic transmission of

The leader, Elumelu who spoke on behalf of the caucus, pointed out that the walkout staged by the opposition lawmakers showed that they are disappointed in the action of the Deputy Speaker, Wase.

He said, “The Nigerian people voted us to represent their interest. And in this electoral Act we started very well, when it got to clause 52 (2), which talks about electronically transmission of results and we could not agree as to the mood of accepting whether to go for electronic transmission or not in that process the deputy minority Leader moved for an amendment, in his amendment he posited that amendment should read that the next election should be by electronic transmission of results and eventually the chairman seating (Deputy Speaker Wase) refused to listen to the amendment.

“The Speaker tried to intervene and when we could not reach an agreement we had to adjourn and a decision was reached by the House that we should invite the INEC and NCC to talk about their ability to ensure that our results are transmitted electronically all over the country. But to our greatest surprise upon resumption this morning we found out that INEC was asked to stay back. We tried to inquire why, they told us that it’s because they do not want INEC to be seen to be biased and that was why they deprived INEC from coming. In the NCC itself also, they asked the Executive Vice Chairman not to show up and thereby he resulted in asking somebody in the capacity of a director to show up. Even the Director himself couldn’t even substantiate issues.

“We have no other choice than to say that we cannot be part of that fake process where they’re depriving Nigerians of their right for their results to be counted accurately. Because e-transmission will guard against rigging and votes can count. But what they’ve done is to discountenance our agitations that let there be transparency in the next conduct of our elections.”

Adding his voice, deputy minority leader, Okechukwu said statistically, according to NCC reports, NCC had a coverage for 109,000 polling units out of 119,000 polling units in 2018. He said that means NCC did not have coverage for only 8000 polling units.

He added, “That for me presupposes over 90 percent coverage. Two, the reference that he made about 2G and 3G, each of these frequencies has the capacity to transfer data. It is very clear. So what we are doing essentially is the rule of men and not the rule of our rules.”

On his part, Hon. Mark Gbillah said as an expert in the industry that transmission of results does not have to be by broadband.

He stated: “Let me first of all clarify that point further as a professional in the industry. First and foremost, when you talk about 3G and 2G and LTE which he failed to mention, these are technologies that have to do with transmission by the Internet or broadband. Now transmission of results does not have to be by broadband. I am surprised that somebody who is supposed to be a professional in the NCC does not know that difference.”

However, the Chairman of the House committee on INEC, Hon. Aisha Dukku (APC/Gombe) while briefing journalists said the House in its wisdom accepted the recommendation of the committee without alteration.

She stated: “What happened Thursday led to the adjournment of the House to today and by the ruling of yesterday. NCC was invited because they have the technical knowledge to inform us so that we take decisions with an informed mind. The experts came and enlightened us. What NCC confirmed is that we have 50 percent coverage and we have 2G/3G and that’s not enough to transmit results. This is from NCC. We cannot afford to disenfranchise an eligible voter because each vote must count.”

On the Harmonized PIB Report

Also at the plenary last week, members of the Senate and House of Representatives okayed 3 percent as contribution to the Host Communities Development Fund recommended by the conference committee.

The two chambers of the National Assembly, had penultimate week passed the long awaited Petroleum Industry Bill. While the Senate approved 3 percent as operating expenditure to the Host Communities, the House of Representatives on its part granted 5 percent. Thereafter the principal officers set up a committee to harmonize the differences.

While the upper chamber adopted the three percent despite protests by some Niger Delta lawmakers, the lower chamber on its part approved same percentage in the absence of their opposition counter-parts.

At the Senate plenary, some PDP Senators from the South-South such as Seriake Dickson and George Thompson Sekibo, protested the retention of three percent for host communities in the conference committee report.

According to them, their decision to speak against the recommendation of the conference committee was to register their support in a way that promotes nothing but the interest of the region.

Sekibo while coming under Senate Order 43, intimated the Senate President, Ahmad Lawan, and other Senators of his decision to abstain from voting, as doing so he said, “will put my neck on the line.”

The conference committee report was, thereafter, passed after its consideration by the upper chamber.

In similar vein, at the House plenary last Thursday, lawmakers from the Niger Delta region protested the percentage insisting on five percent for host communities.

The lawmakers were engaged in a shouting match saying that they should be given five percent after news filtered in that the conference committee recommended three per cent as against the five per cent passed by the House.

It was during this row that the Speaker, Hon. Femi Gbajabiamila made his way into the Chamber, but his presence did nothing to stop the rowdy session.

When it appears it would be difficult to achieve decorum, the Speaker directed that the House should go into an emergency Executive session which started at 12:25 pm and ended 1:20 p.m.

After the Executive session ended, Gbajabiamila called on the Chairman of the Conference Committee from the House and Chief Whip, Hon. Mohammed Mongunu to lay the report, but the lawmaker later sought the permission of the House to step down the laying of the report.

However, Gbajabiamila assured that the PIB will shortly be transmitted to the President after proper harmonisation with the Senate.

At the Friday special session, the APC lawmakers suddenly moved the motion for the PIB report to be laid, after the opposition lawmakers staged a walkout to brief the press on their disagreement with the non inclusion of the electronic transmission of election results in the electoral act (amendment) bill.

Speaking on the issue before the report is laid by the Committee Chairman, the Speaker, Hon. Femi Gbajabiamila who explained that the House had suspended the laying of the report; so that the chairman of the PIB ad-hoc committee can go back and meet the Senate committee and let them review the position on the 3 percent equity, regrets that by the time they got to the Senate, the committee had already made a decision and nothing else could have been done.

The Speaker while saying that the PIB will not suffer the same fate it has been suffering for the past 20 years, assured that if there is any need in future, they can amend whatever there is to amend.

Gbajabiamila said, “Before he lays, I will like to lay the background for this laying of the PIB so that we will all be on the same page and understand what has happened; so that this House would not be accused of doing anything outside our rules. Thursday, there was an issue on PIB and in the wisdom of the leadership, suspended the laying of the report; asked the chairman to go back and meet the Senate committee and let them go and review the position. Unfortunately, by the time they got to the Senate committee, the Senate had already made a decision; they had already laid the report and adopted it.

“There is nothing else we could have done. Our House Rule now says that is what we have to look at. When they have agreed, which they have and there is nobody to talk to anymore, we have to come back and lay our own report, and the House will determine whether we are adopting or agreeing to that report. Otherwise, PIB will be handing inordinately.”

As the House dissolved into Committee of the Whole, after the report was laid by the chairman, Hon. Tahir Monguno, the Deputy Chief Whip, Hon. Nkeiruka Onyejeocha raised a point of order, suggesting that it’s better they stand by that submission of Mr Speaker to revisit 5 percent for host communities on PIB.

Her words, “I know that the majority will have their way and the minority will continue to have their say. I am standing there this afternoon to beg this Committee (of the Whole) not because Nigeria will not move forward but because as a parliament, if you look at your back, we have ‘Nation Building: A Joint Task.’ What it simply means is that this green chamber is the only institution I know that unites Nigeria; that is the place that all of us agree that we are brothers and sisters irrespective of political and ethnic divides.

“Thursday when we walked in, there was contention on the issue of PIB and the leadership (of the House), with the able leadership of Mr Speaker, advised that the Chairman of PIB should go back to the Senate and let them revisit the issue of 5 per cent for host community, which was agreed by the parliament – the 360 of us. And when they came back, they came with the submission of 3 per cent and it was stepped down and that it should go back to the Senate. I believe that from yesterday to this morning, because we left here late, the Chief Whip would not have done enough work, to do consultations.”

However the Deputy Speaker and the Chairman committee of the whole, Hon. Idris Wase, dismissed her suggestion, saying that they are guided by the rules of the House.

Wase said, “Please take your seat. Before your point of order, I wanted to say we are guided by our rules and the Speaker has aptly captured it. It is in the wisdom of the Speaker in trying to bring peace that he asked for this to be stepped down, otherwise, by our rules, it was not supposed to be so. All efforts have been made so that we would be able to resolve the matter. And what I expected you (Onyejeocha) as a leader, to say please, rules are meant to be obeyed. If efforts have been made democratically to resolve the matter and we are unable to do that, it not now in our own purview. We don’t argue, we only adopt. We move for adoption.”

Reacting to the news while still briefing journalists, the leader of the Caucus, Hon. Ndudi Elumelu said the passage was a nullity, as it was not listed in the order paper according to the rules of the House.

Elumelu said, “On the issue of PIB the House could not come to conclusion whether it’s three percent or five percent as a matter of fact the Speaker ruled Thursday directing the conference committee to go back and review it and ensure that they stand by the House position and the House position is 5 percent. Now we are hearing, even when it’s not in the order paper, that they want to smuggle it in and passed it this is the unfortunate situation that we have found ourselves, it has never been this bad. For us whatever they are doing there is a nullity and when we return back we will continue our agitation and ensure that the right thing is done.”

QUOTE

Lawmakers in both chambers became charged as they debated the reports of the legislations especially the clause that provided for electronic transmission of election results in electoral act and the 3 percent granted as equity fund for host communities in PIB. The outcome of that debate (electoral act) was a clear indication that members of the All Progressives Congress (APC) in the Senate and the House of Representatives, support future elections being delegitimized