By Dr. Kayode Ajulo
In analyzing whether or not a virtual primary election (or just primaries) is possible in the face of COVID-19 pandemic, recourse must be made to Section 87 of the Electoral Act. There is no gainsaying the negative impacts of COVID-19 pandemic on almost all the spheres of life, including politics, economy, religion and social-cultural life. Knowing full well that this pandemic has come to stay with us for some time, at least, until a vaccine and treatment drugs are developed, we must as a matter of necessity continue to find ways of living and adapting to the new realities brought by COVID-19. The realization of this necessity would help in broadening our horizons to think outside of the regular box.To bring the issue home, prior to this ‘new normal’, a lot of jamborees and congregation of large crowds usually characterized political parties’ primaries. We see these happen when aspirants pick up their nomination forms, campaigns, consultative visits, etc. With the new reality foisted upon us by the novel corona virus otherwise known and referred to as COVID-19, all these have to be done away with, at least, in the short run. It is my view that since the norms have been disrupted by a novel virus, solutions and way forward from these disruptions must necessarily be novel as well.
STATUTORY REQUIREMENTS OF PRIMARIES
I must be quick
to stress at this point that whatever method to be adopted must not run
expressly against the extant laws. Primarily, Section 87 of the Electoral Act
provides for nomination of candidates by political parties seeking to
participate in an election. In summary, the section provides for three
ways/means of nominating candidates for election. These are: Direct
primaries. Indirect primaries, and Consensus. Please permit me to at this
point express my preference for direct primaries in an attempt to introduce
virtual voting for primaries. I am not unaware of the likely challenges that
this might face. I will try as much as possible to give more clarity as we
proceed. For better understanding, Section 87(3) of the Electoral Act, 2010 (as
amended) provides: “A political party that adopts the direct primaries
procedure shall ensure that all aspirants are given equal opportunity of being
voted for by members of the party.” For me, the operative clause in the above
section is the provision of equal opportunity to all the aspirants. What this
means is that one aspirant should not be favoured above another. Put
differently, all aspirants in a primary election must be put on the same
pedestal.
In opting for
the adoption of direct primaries, the sole requirement that political parties
are enjoined to fulfill is to ensure that aspirants are given equal
opportunity. If this is the case, virtual voting at primaries does not seem to
offend the provisions of electoral act. What is important is to ensure that
this procedure of voting doesn’t favour one aspirant at the detriment of
others. In effect, this method will comply largely with the protocols on
COVID-19 to wit, social/physical distancing, avoidance of large gatherings, etc
and at the same time deliver a credible primary election by the party. This
method becomes desirable where compared to the complexities associated with
indirect primaries at this peculiar time. For instance, indirect primary
election to sponsor a gubernatorial candidate would require a special congress
in the state capital with delegates voting for each of the aspirants at the
congress to be held on a specified date appointed by the National Executive
Committee (NEC) of the party. It is important to note that the above section
specifically call for a congress that must be held at a physical space to be
determined by NEC of the party. Going on with this mode of primary would
most likely offend the principle of social distancing and further expose members
of the party to COVID-19 infection. To be categorical, the party cannot achieve
virtual voting via an indirect primary.
WORKABILITY AND MERITS
The workability
of this proposal is largely predicated on the assumption that the party has a
reliable/credible members’ register. This register is what would be used in
creating a database for the virtual voting with each member entitle to only one
vote.
It is trite that political parties are empowered to issue guidelines for
conducts of primaries. Thus, it is recommended that the party adopt a direct
primary procedure.
The party is further advised to adopt guidelines prescribing the use of virtual
voting. One of the merits attached to this procedure would be that if
well-coordinated and implemented, it can serve as a prototype or model for INEC
to adopt in the future in his quest to migrate to e-voting. This would have
successfully made APC a pathfinder and a pace-setter.
CHALLENGES
The issue of
cybersecurity is a major challenge with this method. We must ensure that this
is put under check in order to achieve a credible pool. Credibility of members
register. This must be watertight to guide against infiltration by members of
the public who are not party members. Illiteracy can also limit the workability
of this method. Infrastructure and access to the internet is another very
important factor. The good news however, is that all these challenges can be
taken care of by adequate preparation, sensitization and awareness.
ATTENDANCE
AND OBSERVANCE BY INEC
The question may
arise, how would INEC attend and observe political parties primaries if same is
held virtually? This question is germane because Section 85 of Electoral Act
makes it mandatory for political parties to give a minimum of 21days notice to
INEC. This requirement can be met by making INEC an integral part of the whole
process. This doesn’t in any way suggest that the commission will play an
active role in the process but solely to observe same to be sure and to attest
to the fact that all the aspirants were given an equal opportunity to be voted
for by members of the party. This statutory requirement is vital and must be
adhered to. The main idea behind this is to give legitimacy to the whole
process.
CONCLUSION
In summary, I’d like reiterate my support and approval for virtual voting for
primary election in the wake of COVID-19 pandemic. It is however my considered
opinion that this can validly be achieved by adopting a direct primary which do
not expressly mandate or restrict procedures to a certain way.
Dr. Ajulo is the Managing
Partner of Castle of Law, Abuja and former National Secretary, Labour Party.
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