Delay in electoral bill passage suspicious – Kabir Mato

A political scientist and good governance analyst, Dr Kabir Mato, speaks on the delay in the passage of the 2025 electoral bill, saying the action may be deliberate.

There are fears in some quarters over the inability of the National Assembly to pass the electoral bill. What do you make that?

Well, I share the fears too. I share the fears more so because some of us have been part of this system since 1999 and we have seen the various legislatures that came between that time and now and the attention they give to the Electoral Act and matters relating to election.

I doubt if from 2003 to 2023 elections, the National Assembly was so fidgety and unpredictable on matters that related to election, especially and lawmaking generally. I share the sentiments and this has to do with perhaps the seeming desperation on the part of the ruling establishment in Abuja, to do anything to return to power in 2007, at no matter what cost. So, I think Nigerians have reasons to be afraid and it’s not just to be afraid but I think we need to begin to educate and act and very quickly too so that these things are concluded, otherwise we will get to a stage where anything will just be assembled and presented as a piece of legislation that will guide the 2027 polls. So, I think people have reasons to be afraid.

Are you saying the delay is deliberate?

Let me tell you one thing about the history of lawmaking in the National Assembly of Nigeria from 1999 to date. The House of Representatives having been constituted by much younger elements and stronger people are quick to make rules, are quick to decide on matters. What the Senate has done over a very long period of time is simply to concur. But the nitty-gritty work of legislation in the Nigerian bicameral system has been done mainly by the House of Representatives.

And like I said, the reason is simple. It’s the vibrancy, the exuberance with which most members of the House of Representatives are made of. The Senate usually looks at these pieces of legislation and decides on areas of particular interest to it or anybody outside of it, you know.

And perhaps people say that is the reason behind the Senate; to moderate the excesses and exuberance of the lower chamber. But in this case, it’s scary. An emir did say very recently that if you walk on the streets in Nigeria and randomly pick one hundred and nine people and put them in the Senate, they are not likely going to do better or worse than what these people are doing.

That’s a sarcastic way of giving a very severe blow on an institution that is supposed to be comprised of very distinguished ladies and gentlemen. It means that Nigerians are afraid that the Senate as a chamber, as an institution, is becoming a lackey. And if that is so, then, of course, the maturity, the moderation and all other attributes attached to it are therefore defeated.

The Senate will not have any reason to have sat on the bill. They’re not going to do anything technically extra than the House of Representatives would have done. Theirs will simply be to look at it, so that the conference committee can be constituted immediately between the two chambers and then reconcile whatever differences that might arise, between the two chambers. But to have kept it for this long says a lot about reasons why Nigerians must be suspicious of the entire legislature as far as the crafting of that electoral act is concerned.

What would anyone gain by frustrating the amendment?

The electoral act dictates the pattern, the way and manner that the elections are to be conducted. The constitution is a grund norm.  It makes specific provisions. The exigencies of the provisions of the constitution are normally contained in the electoral law; details of how the elections will be conducted. So if the electoral law is skewed against the electoral process, it means that you are not likely going to have a transparent electoral process. That’s basically it. So the establishment has everything to gain.

Let me give you an example. It is the electoral law that determines the sequence of elections. If the establishment is interested in a particular pattern different from what was obtained or different from what will have made the election more transparent, then they have the capacity to meet the Senate, in summary. But the legislature as currently constituted is very lowly placed as far as the thinking of Nigerians is concerned. Look, in the history of this legislature from 1999 to date, there was never a parliament that had passed a piece of legislation in a day. This Senate did when the president requested the extension of the retirement date of the current inspector general of police. I mean, it’s funny.  The way in which the president or the Senate presides over the affairs of the chamber itself denigrates the integrity and the respect that, that chamber ought to have enjoyed or previously enjoyed. Can you compare the current Senate with the Senate that was led by Chuba Okadigbo; Pius Anyim; Bukola Saraki, or even David Mark? You cannot do that. Democracy is all about transparency. That’s what it is. It’s about openness. It’s about inclusivity, taking decisions that are for people. People need to see that decisions are being taken with their inputs, not a few selected or elected individuals, regardless of what the feelings, desires and aspirations of the generality of the populace may be, taking decisions to suit their personal preferences. And in most cases, what they’re concerned about is how to return to their respective seats without much hassle.

Some have observed that it is like a pattern now that any incumbent that is seeking re-election is not usually keen on signing the electoral law. Do you see it as a deliberate act or coincidence?

Yes, it is. Once you become an elected official, your ambition becomes how you are going to get back to office during the next round of election. And that’s why, perhaps, less than two years into this regime, you can see the way the presidency, especially is sensationalising the issue of 2027 elections without reeling out any report card. In Western democracies, what we know is that governments try to achieve major objectives, especially introducing new realities that have positive impact on the lives of the citizens. And nobody forgets about you. You know, the beauty of democracy is that you are at liberty to make choices, to select among various individuals and political parties that are presenting themselves for election. But honestly, that’s not what we are having in this country, especially from 2023 to date.

What is the way out?

Well, I want the Senate to realise that it’s a very important institution. That’s what the senators need to realise. Secondly, I also want the senators to know that they are very distinguished Nigerians by virtue of the various positions that they held and by the virtue of the mandate that they have been given. So whatever they do, I think the interest of the citizens must be central rather than their own personal interest. There is a need for them to ensure that the electoral law is passed as soon as possible and it is passed in such a manner that Nigerians will see it, read it, and respect the provisions without suspicion of smuggling or crafting one form of obstacle or the other for anybody likely going to challenge them in the 2027 elections. But I think it’s important for the Senate to realise that being an upper chamber does not place it over and above the House of Representatives. It’s just a matter of nomenclature.

What is agreed is that the Senate serves several rules. It also serves as a moderator. You know, when the exuberant young people in the House of Representatives make laws, either harshly or so, the senators are supposed to sit down based on their maturity, pedigree, and so on and look at it and suggest otherwise and propose so that the final outcome will be a legislation that will serve the purpose for which it is made. So I think the National Assembly generally needs to sit up.

What is the president’s position in all of these?

If the National Assembly is serious about it, they pass it and then they take it to him and if in 30 days he does not assent to it, they return it and override the president’s veto by two-thirds of their votes. That was done in the Nigerian National Assembly in the past, so it still can be done if the legislators are honest and sincere. I think the problem Nigerians see is that they have been impoverished to such an extent that they rely on the tips and envelopes that the Presidency sends to them before they act.

The president has to realise the historic responsibilities that are ahead of him. It’s not just about being in office.  It’s about the contributions that he will make in making Nigeria better. They tell us every day that they are impacting on our lives, they are introducing changes that were not introduced by previous administrations, but then we need to see it in black and white, in clear terms, through their actions. So I hope that if the National Assembly eventually passes it, if the Senate passes it, and then the conference agrees with the views of the Senate and the House of Representatives, and then it’s taken to the president, he will sign it immediately so that Nigerians can begin to read it, digest it, and prepare for the coming elections.

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