The Senate on Thursday has passed the electoral act amendment bill 2021 amid rowdy session, following disagreement among Senators over the electronic transmission of election results.
Argument ensued during plenary over a clause in the draft bill which seeks to empower the Nigerian Communications Commission (NCC) and the National Assembly to determine the use of electronic transmission in an election.
Recall that reports had emerged last week alleging that some members of the Senate Committee on Independent National Electoral Commission (INEC) had raised serious objections about the adoption of the electronic transmission of results.
Subsquently, a strange Section 50(2) reportedly emerged from the proposed Electoral Act (Amendment) Bill 2021. According to the instruments of the section, electronic transmission of results was to be completely outlawed in Nigeria.
The provision reads, “Voting at an election under this Bill shall be in accordance with the procedures determined by the commission, which may include electronic voting provided that the Commission shall not transmit results of the election by electronic means.”
However, in a slight twist, the Senate rephrased the section following the rejection of the electronic transmission of results by some All Progressive Congress (APC) senators.
This generated into heated argument and chaos as lawmakers argued for and against the electronic transmission of results clause. The rowdiness lasted for over 15 minutes after which the Senate President, Ahmad Lawan, called for an executive session.
When the lawmakers returned, Senate Minority Leader, Enyinnaya Abaribe called for a division citing Order 73 of the Senate Standing Rule.
This rule allows for individual voting on an issue if senators disagree with the ruling of the Senate President.
The Senators were called upon one after the order and asked to vote verbally.
At the end of the exercise, 52 senators, mostly f the APC fold voted that NCC and the National Assembly should determine where and when electronic transmission of results will be used and subject to the approval of the National Assembly.
28 senators voted against it, while 28 other senators were absent during the voting process.
The lawmakers are currently considering the Electoral Amendment bill for passage.
Following the results of the voting, Lawan ruled in favour of the amendment of the section.
PRESS STATEMENT as signed and released by the Special Assistant (Press) to President of the Senate, Ezrel TABIOWO, FIMC, CMC, Fsca, MBSC
Senate passes Electoral Act Bill, approves electronic transmission of results with conditions
…adjourns till September 14, 2021
The Senate on Thursday finally passed the long awaited Electoral Act (Amendment) Bill, 2021.
The upper chamber during a clause-by-clause consideration of the bill approved electronic transmission of results during elections, provided that such areas are adjudged by the National Communications Commission to be adequately covered under its national coverage and approved by the National Assembly.
The approval came following an amendment to Clause 52(3) by Senator Aliyu Sabi Abdullahi (APC, Niger North) during consideration of a report by the Committee on Independent National Electoral Commission (INEC).
The amendment was seconded by Senator Ali Ndume (APC, Borno South).
The Committee in its recommendation initially prescribed that, “The Commission (INEC) may transmit results of elections by electronic means where and when practicable.”
This, however, was amended by the Deputy Whip, Senator Sabi Abdullahi to read, “The Commission may consider electronic transmission of results, provided the national coverage is adjudged to be adequate and secure by the National Communications Commission (NCC) and approved by the National Assembly.”
Senators Sabi Abdullahi and Ali Ndume argued that the blanket recommendation by the Committee for electronic transmission of results in all parts of the country would deprive some Nigerians resident in areas with weak or without network coverage from participating in the electoral process.
According to the lawmakers, in order to ensure fairness and inclusiveness for the electorates, particularly in rural areas, an all inclusive provision must be accommodated in the Electoral Act to protect their participation and votes during elections.
Sabi Abdullahi’s amendment received a favorable ruling by the Senate President, Ahmad Lawan, when subjected to a voice vote.
However, lawmakers such as Enyinnaya Abaribe, Thompson Sekibo and Albert Bassey Akpan, who belong to the opposition Peoples’ Democratic Party (PDP) disagreed with Senators Sabi Abdullahi and Ndume, insisting that the previous recommendation be retained.
Bassey’s counter amendment, which insisted for retention of the Committee’s recommendation as captured in clause 52 sub-clause 3, nevertheless suffered rejection when put to a voice vote by the Senate President.
Apparently determined to have their way, the Minority Leader, Enyinnaya Abaribe, while citing order 73 of the Senate Rule, called for a division.
In a bid to avert going down the path of a division, the Senate Leader, Yahaya Abdullahi (APC, Kebbi North) prevailed on his colleagues in the PDP rescind of their earlier call.
A defiant Abaribe refused all entreaties for him to withdraw the point of order, despite attempts by his colleagues to sway members of the minority party during a closed session that followed and lasted almost 20 minutes.
Rising from the closed session, Abaribe demanded that the contentious clause be revisited despite a couple of further appeal by the Senate President for the upper chamber to continue with the consideration of the report.
Sensing the Minority Leader’s refusal to shift grounds, the Senate President in an unexpected move took Abaribe by surprise and approved the request for division amidst called for voting on the amendment put forward by Senator Bassey.
Out of a total of 80 Senators present, 52 voted for the retention of the ‘Sabi Abdullahi Amendment’, while 28 who belonged to the opposition PDP voted for the ‘Bassey Amendment’.
The other 28 Senators that make up the 108 in the upper chamber, excluding the Senate President, were absent during plenary.
After the passage of the Electoral Act Amendment Bill, the Senate President, in his remarks said, “We have achieved what we have set for ourselves because of our commitment.
“We would all recall that at the beginning of the Ninth Senate, we resolved to have a legislative agenda.
“[And] in out legislative agenda, the Petroleum Industry Bill and amendment of the Electoral Act 2010, are pillars of what we have set for ourselves to do.
“Today, we have achieved those two issues.
“Secondly, the Electoral Act amendment, we have gone through a serious and probably torturous process to reach where we have by passing it.
“There was no victor, no vanquished in this affair. Everyone did what he or she did for the full commitment and realization that what we want is one and the same thing, but the path we have taken are different.
“We want an electronic transmission system for our electoral process, however, we want to ensure that no Nigerian is disenfranchised in this process, and time will definitely come when all part of Nigeria will have the coverage that we all need to deploy our technology to ensure electronic transmission of election results.
“This has come to settle the issue of what INEC can do and what INEC cannot. We have given INEC an electoral Act amended to enhance its performance.”
“The Senate after the passage of the bill, adopted the Votes and Proceedings and adjourned till 14th of September, 2021 for its annual recess.”
