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ANALYSIS: 16 years after, will NASS pass Independent Candidacy Bill now?

By Femi Ogunshola

by Guest Author
December 15, 2024
in Lead of the Day, Politics
0
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In a bid to reshape Nigeria’s democratic landscape, the Independent Candidacy Bill debate has been reignited in the 10th National Assembly.

This ground breaking legislation aims to amend the constitution to grant citizens the ability to contest elections without relying on political parties.

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Before Nigeria attained independence and during the First Republic, individuals could contest elections as independent candidates.

The practice was part of the democratic framework inherited from the British colonial system. However, with the adoption of the 1999 Constitution, Nigeria’s political framework has become heavily dependent on party structures.

Section 221 of the 1999 Constitution (as amended) explicitly states that only political parties can sponsor candidates for elections, thus effectively eliminating the possibility of independent candidacy.

From the fallout of the party structure to gain political power, Nigerians have not ceased to clamour for the return of independent candidacy.

This stems from the desire to expand the democratic space, allowing individuals without political party affiliations to contest elections.

This idea has gained traction over the years, as many Nigerians have argued that it will foster inclusiveness, deepen democracy and reduce the negative influence of god-fatherism and party politics in the country’s body polity.

Efforts to include provisions for independent candidacy have been made during constitutional amendment processes in the National Assembly, but with no tangible success.

One of the first significant pushes for independent candidacy was during the 2009 constitutional review. This, however, failed as lawmakers, largely influenced by political party structures, rejected the proposal.

Also, in the 2018 constitutional amendment, the Senate and House of Representatives voted on a bill to allow for independent candidacy, but they could not gather the mandatory two-thirds majority required for the bill to sail through.

The push for independent candidacy equally surfaced during the 2021 constitutional review.

However, it faced stiff resistance from some quarters, with former President Muhammadu Buhari also declining assent to the bill when it was passed during the Ninth Assembly.

Consequently, it was excluded from the amendments adopted by the then national assembly.

The current 10th assembly is, however, resurrecting the independent candidacy matter, with the introduction of “The Independent Candidate Bill.”

The sponsor of the bill, Rep. Akin Rotimi, stated that the bill sought to amend the 1999 constitution by creating a legal framework that would allow individuals to contest elective offices without being affiliated to any political party.

According to Rotimi, the House Committee Chairman on Media and Public Affairs, the alteration will provide citizens with the opportunity to run for public offices as independent candidates at the local government, state and federal levels.

He said: “The bill aims to promote inclusivity, broaden the democratic space and encourage greater political participation by Nigerians who are not part of any political party,” the lawmaker had said.

The bill was primarily championed by ElectHER, a non-partisan civil society organisation promoting active participation in governance, democratisation of socio-economic opportunities and greater inclusivity in peace processes.

ElectHER is providing technical inputs, mobilising public support and driving robust advocacy for the bill, particularly in the house of representatives.

Rotimi affirmed that part of the demands of the bill was that any Nigerian citizen who met the general qualifications for running for office in terms of age, residency and education could contest elections as an independent candidate.

In his argument, the lawmaker stated that for someone to run as an independent candidate under the independent candidacy bill, he/she would need to gather signatures from at least 10 per cent of the registered voters in his/her area.

“This can be an electoral ward, a senatorial district or even a whole state, depending on the position the candidate is contesting for,” he said, adding that the signatures were important to show that the candidate had real support from the people of his/her community.

“Before the candidate is allowed to run, the Independent National Electoral Commission (INEC) will check and verify all the signatures to ensure that they are valid and that the candidate truly has enough backing from voters,” he said.

According to him, the requirement is aimed at preventing just anyone from running for office without any real support from his/her area.

Rotimi said that this would act as a control to ensure that only serious candidates with genuine public backing can contest, thus reducing the risk of too many unqualified candidates crowding the elections.

He further stated that as part of the nomination process, independent candidates must pay a security deposit to INEC to serve as a commitment to their candidacy and ensure that they were serious about contesting the election.

He also stated that the candidates must secure at least 10 per cent of the total votes cast in the election, adding that if they failed to reach this threshold, the deposit would be forfeited.

This regulation, according to him, is to ensure that only candidates with genuine public support and a reasonable chance of success seek nomination as independent candidates.

According to him, the purpose of the rule is to discourage individuals who do not have substantial backing from the electorate from contesting.

The Founder and Chief Executive of ElectHER, Ibijoke Faborode, further said that the introduction of the bill was a significant milestone, adding that it would help the future of the country, if passed into law.

Faborode expressed enthusiasm at seeing the national assembly united in support of the bill, underscoring their dedication to a legislative agenda that promotes inclusivity.

To her, the bill represents a bold step toward breaking barriers that have historically excluded capable Nigerians from leadership roles.

“Independent candidacy doesn’t undermine political parties. Instead, it complements them by fostering a more inclusive and competitive democratic environment.

”Independent candidacy does not undermine political parties. Rather, it complements them by fostering a more inclusive and competitive democratic environment,” she argued.

The bill, according to her, includes: rigorous eligibility criteria to ensure only credible candidates with significant community support can run independently, maintaining the integrity of Nigeria’s democratic institutions, while empowering citizens.

The proponents of the bill highlighted the potential for the bill to deepen Nigeria’s democratic process.

Rotimi particularly added that the bill would remove dependency on political parties and empower citizens who might otherwise face barriers due to party politics or possible high costs of party nominations.

Many advocates of the bill believe that it could break the dominance of political parties in the electoral process by providing a platform for candidates with innovative ideas or strong grassroots support to emerge.

They cited the examples of some countries where independent candidacy had enriched political systems, offering voters more choices and encouraging accountability among elected officials.

However, opponents of the bill have raised concerns about how independent candidates would navigate Nigeria’s electoral framework.

Other issues raised include: campaign financing, voter education and ensuring compliance with electoral laws, which were cited as potential hurdles.

Some lawmakers also argued that allowing independent candidates could lead to an over-saturation of the electoral space, stressing that it would make it harder for voters to distinguish credible candidates from the opportunistic ones.

Part of their arguments was that the bill might inadvertently weaken political parties, which are essential for organising political ideas, stating that it could destabilise governance, particularly if the independent candidates lacked the institutional support from the parties.

For instance, while Rep. Isah Ambarura (APC-Sokoto) emphasises the importance of the bill in enhancing the country’s democratic evolution, Rep. Babatunde Yusuf (APC-Kogi) argued that the concept of independent candidacy might weaken party structures in Nigeria.

Yusuf expressed worries over the risk of sidelining political parties, which traditionally play critical roles in aggregating public interests.

On the other hand, Rep. Abdul-Majid Suleiman (APC-Bauchi) raised concerns about the potential for independent candidates to increase electoral disputes and fragmentations in governance due to the lack of unifying party framework.

Rep. Yusuf Gagdi (APC-Plateau) also pointed out that the bill might create challenges in political accountability and representation, as independent candidates would not be answerable to any party structure.

However, Rep. Tajudeen Abbas, Speaker of the House of Representatives has demonstrated institutional support for its consideration.

While not explicitly advocating for or against the bill, he said his leadership would to ensure that the proposed legislation progressed to the House Committee for further review.

Notwithstanding the opposing views of the lawmakers, the current 10th assembly may be etching its name in gold if the long-awaited independent candidacy bill is eventually passed into law, with its attendant potential of altering the country’s political landscape.

(NANFeatures)

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