Focus on controversy over electoral law

When Nigeria's President Olusegun Obasanjo in December signed a new electoral bill into law, it was touted as a measure to make smooth the general elections due early in 2003. But instead of instilling confidence in Nigeria's political system, the move generated an uproar and fears over the survival of the country's new democracy as the details of the law became apparent days later. It emerged that between the time the bill was passed by the legislature and when it was signed by Obasanjo, certain additional clauses had been smuggled into the document. In particular, Section 80 (1), which was not originally included by the legislature, provided conditions for the registration of political parties, which technically ruled out the emergence of new political parties until 2007. The new law also revised the existing order of elections: the presidential vote which previously came last, was to come first while local council elections which usually came first, were now to come last. For political parties to be registered, they were expected to win 15 percent of local government council seats in every state in two-thirds of Nigeria. On the basis of the 1999 elections, only the ruling People's Democratic Party (PDP) met this requirement and was, therefore, likely to meet it again next year. The two other existing parties, the All People's Party and the Alliance of Democracy, most analysts agreed, would be hard pressed to meet the rule and may not be eligible for registration in 2007. New political parties were entirely ruled out because by the time of the local elections, all other elections would have been held. Parties that met the requirement for registration in the local elections would have no choice but to wait till the next elections four years later. "What the additional clauses did was to first pave the way for Obasanjo to ride smoothly into a second term in office and then put Nigeria firmly on the road to a one-party state," Remi Adelekun, a political analyst, told IRIN. "But knowing Nigeria, it is also possibly a recipe for chaos," he added. Most of those adversely affected by the new law opposed it vehemently. At a news conference he called to protest the new electoral law, Emeka Odumegwu-Ojukwu, who led the failed secession of southeast Nigeria as Biafra in the late 1960s, described the law as "daylight robbery". He further threatened that his region would consider the option of secession once more if its interests were not well served in the unfolding political arrangement. While the controversy raged, Obasanjo revealed that the insertion was the decision of the PDP. He admitted he had written to Senate President Pius Anyim, and to the Speaker of House of the Representatives, Ghali N'Abba, asking that the party position be reflected in the bill. But the issue was subsequently not tabled before the legislature. Instead, a PDP caucus in the national assembly, led by Anyim, inserted the controversial sections and presented the bill on 5 December to Obasanjo, who signed it into law the next day. But there are yet other misgivings about the law. Nigeria's state governors allege the provisions of the electoral law on local government elections are contrary to the 1999 constitution, which ended over 15 years of military rule. While the constitution provides for a three-year term for local councils which should have lapsed by April this year, the new law extends it to four-years. State governors elected on the platform of the three existing parties across the country have vowed to dissolve local councils and call for elections by April, in defiance of the new law and in accordance with the constitution. In the meantime, they have collectively filed a suit before the Supreme Court challenging the validity of the law. Following the embarrassment caused to Obasanjo, his party and leaders of the national assembly, by widespread criticism of their actions on the controversial law, both chambers of the legislature were recalled from Christmas recess to expunge the extraneous sections. Still both houses differ on what shape the bill should take before it is represented to President Obasanjo for signature. They have only agreed in principle to set up a joint committee to harmonise their positions. But it appears those steps are not enough to repair the damage already done to their credibility. Threats to the stability of the country's political system also remain, as the misgivings of state governors were not addressed. The federal government has on its part said it would not allow such elections to be held. It appears battle lines have been drawn. Late in January, Lagos State Governor Bola Tinubu, inaugurated an eight-member electoral commission with the mandate to conduct local elections in April. "You do not bend the rules of a game midway to favour some people, which may lead to chaos," he told journalists to explain his objection to the federal government position. "I have said it long ago that come April 2002, elections into local (government) councils will hold." "There is a palpable fear in the air of an imminent collapse of the system," writes Zainab Suleiman, editor of the 'Weekly Trust' newspaper. "Tension is building up over the electoral law...The governors are talking tough". But she notes that "it is a collective voice against the subversion of democracy, something we all laboured to bring to fruition". [ENDS]