By Adesina Soyooye
Outrage has greeted the rejection, by the Senate, on Wednesday, of the Electronic Transmission of Votes in many quarters.
Like a good number of Nigerians, the Governor of Sokoto State, Aminu Tambuwal, in a statement he personally signed, expressed shock at the rejection.
The main opposition Party, the PDP, said in a statement signed by its National Publicity Secretary, Kola Ologbondiyan, said that by the rejection, the APC has Murdered democracy.
Tambuwal, a former Speaker of the House of Assembly, described the rejection as unconstitutional.
Not a few Nigerians are outraged by the outcome. Many had looked forward to the Senate backing it. Doing so, would have meant, to a large extent, a free and fair election. It would have meant an elimination, to a large extent, of blatant rigging. It would have meant an improvement on Nigerians much maligned democratic process.
But the Senate disappointed.
With a vote of 52 against 28, and 28 absentees, it was thrown out.
They voted, mostly, across party lines, and across regional lines. Most Senators who rejected it were of the ruling All Progressives Congress, APC. Most of them were, also, of the Northern extraction.
Not a few Nigerians say by the rejection, rigging of elections have been legally endorsed in Nigeria.
There was hope that the 9th Senate would turn things around, especially, when the Independent National Electoral Commission, INEC, used it in the Governorship elections in Edo and Ondo States. In Edo, in particular, it produced an unexpected result. The PDP won, clearly and cleanly.
Fears that the Senate was likely to disappoint began when a couple of Senators from the North began to complain about network problems in their States.
What surprised, however, was that even Senators from States where nobody could claim network problems voted against it.
At the House of Representatives, the debate was stopped and sitting adjourned to Thursday, when fighting broke out among the members.
The Speaker, Femi Gbajabiamila quickly adjourned, and told them that both the Minister for Communications and Digital Economy, as well as INEC Chairman, Professor Mohammed Yakubu, would be present to address them.
Yet, not much hope is expected. The opinion is that it will also be defeated.
The Nays will carry the day.
Following is the full text of Tambuwal’s statement which he personally signed.
ELECTRONIC TRANSMISSION OF VOTES: SENATE DECISION IS UNCONSTITUTIONAL
“The decision of the Senate to subject INECs constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly is patently unconstitutional.
“For the avoidance of doubt, S.78 of the Constitution provides that “The Registration of voters and the CONDUCT of elections shall be SUBJECT to the DIRECTION and SUPERVISION of Independent National Electoral Commission”. In Third Schedule, Part 1,F, S.15: INEC has power to ORGANISE, UNDERTAKE and SUPERVISE all elections. The Constitution further provides that INEC OPERATIONS SHALL NOT be subject to the direction OF ANYBODY or AUTHORITY.
“2. Unquestionably, the mode of election and transmission are critical parts of the CONDUCT, SUPERVISION, UNDERTAKING and ORGANISATION of elections in Nigeria. Of course the National Assembly has power to flesh out the legal framework but that has to be consistent with the Constitution.
“3. These constitutional powers have been solely and EXCLUSIVELY PRESCRIBED BY THE CONSTITUTION to INEC, and CANNOT BE SHARED WITH the NCC, or any other Authority, and certainly not a body unknown to the Constitution. The Senate decision to subject INECs constitutional power to conduct elections to NCC is consequently patently VOID, unconstitutional and unlawful.
“4. We had earlier counselled that that the mode of conducting elections and in particular the transmission of votes be left with INEC who would monitor developments and determine at every election the type of technology to be deployed to ensure free, fair and credible elections. INEC also has constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote is counted and that every vote counts.
“5. If INEC determines that in any part of the country, electronic transmission is not possible, it would by regulations determine the appropriate thing to do.
“6. The decision of the House of Representatives to call on INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for our elections, seems to be a wise one, I therefore commend the Leadership and Hon Members of the House for this decision and further admonish them to remain on the path of patriotism and deepening of our democracy by engendering and strengthening free and fair electoral process
“7. In any case, I still believe that the best option is to leave this matter in the hands of INEC.
“8. We admonish INEC to be solely guided by the National interest and the desire of all Nigerians for a credible, free and fair elections in using its constitutional powers and in the deployment of error free technology.
The PDP, in its statement titled: Electronic Transmission: APC Senators in A Haste to Murder Our Democracy, said the Party was shocked.
Following is the PDP statement.
“The Peoples Democratic Party (PDP) and indeed majority of Nigerians are shocked over the decision of the All Progressives Congress (APC)-led Senate to undermine our electoral process by refusing to approve the demand by Nigerians across board for electronic transmission of election results without conditionalities.
“The action of the APC senators is an atrocious assault on the sensibilities of Nigerians, who looked up to the Senate for improvement in our electoral process in a manner that will engender free, fair and credible process.
“It is outrageous that the APC and its Senators, in their desperate bid to annex the Independent National Electoral Commission (INEC) seek to route a statutorily independent commission to the approval of an individual masquerading in the Nigeria Communication Commission (NCC); an agency under executive control in addition to an extra endorsement of the legislature, before conducting elections.
“This action of the APC senators is a direct affront, novel in its recklessness and a defilement of the 1999 Constitution (as amended), which clearly conferred operational independence to INEC to conduct elections, free from interferences and regulations from any other agency of government.
“The decision of the APC Senators therefore amounts to a suspension of the 1999 constitution (as amended) which is a recipe for crisis that could derail our democracy and destabilize our nation.
“It is, to say the least, a preparation for mass rigging of elections across Nigeria by the APC, which must be firmly resisted.
“Our party, standing with Nigerians, however commends the PDP senators as well as other democratically minded senators in the chamber for their resilience in voting for unconditional electronic transmission of results, in line with the wishes and aspiration of Nigerians for free, fair, clean and credible election.
“The PDP however notes the efforts being made in the House of Representatives and urges lawmakers to return to the chamber tomorrow and save our nation from the machination of the APC as being pushed in the Senate.”
Following is how the Senators voted
A COMPILATION OF SENATORS VOTE FOR OR AGAINST ELECTRONIC TRANSMISSION OF ELECTION RESULTS (A few names still missing)
Ovie Omo-Agege NO
Enyinnaya Abaribe YES
Orji Uzor Kali NO
Robert Ajayi Boroffice YES
Surajudeen Basiru NO
Adenugba Fadahunsi YES
Clifford Ordia YES
Matthew Urhoghide YES
Francis Alimikhena NO
Kola Balogun YES
Ezekiel Ayuba NO
Abubakar Kyari NO
Gyang Istifanus YES
Senator Gyagung Ladi NO
George Sekibo YES
Ali Ndume NO
Opeyemi Bamidele NO
Biodun Olujimi YES
Mpigi Barinada YES
Betty Apiafi YES
Gobir Abdullahi NO
Abdullahi Danbaba NO
Philip Aduda YES
Chukwuka Utazi YES
Mohammed Goje NO
Danbaba YES
Yusuf Yusuf NO
Isa Shuaibu Lau NO
Mohammed Goje NO
Bomai Ibrahim Mohammed NO
Francis Onyewuchi YES
Yau Sahabi NO
Uba Sani NO
Danjuma La’ah YES
Kabiru Gaya NO
Ishaku Elisha Abo NO
Baba Kaita NO
Adamu Aliero NO
Yahaya Abdullahi NO
Yakubu Oseni NO
Isa Jibrin NO
Smart Adeyemi NO
Ibrahim Oloriegbe NO
Oluremi Tinubu NO
Solomon Adeola NO
Tanko Al-Makura NO
Godiya Akwashiki NO
Abdullahi Adamu NO
Musa Mohammed Sani NO
Aliyu Sabi Abdullahi NO
Bima Enagi NO
Patrick Akinyelure YES
FINAL VOTE FIGURES ON ELECTRONIC TRANSMISSION
AYES: 28
NAYS: 52
ABSENT: 28
ABSTAIN: 0
TOTAL VOTES: 80
TOTAL NO. OF REGISTERED SENATORS: 109
(as announced by Clerk of Senate and validated by Senate President, Ahmad Lawan)
