The has given the Electoral Bill its "general" approval but has reportedly advised President Muhammadu Buhari to speak with political parties and security services about the contentious direct primaries clause, according to a source.
The bill was handed to President Muhammadu Buhari by the National Assembly on November 19, and he has 30 days to sign it or reject it under Nigerian law. The law, which amends the existing Electoral Act 2010, aims to make direct primaries the only way for political parties to choose their candidates for elections and legalize electronic results transmission, among other things.
According to presidential sources, the President's Chief of Staff, Ibrahim Gambari, wrote INEC on November 29 asking its "detailed and considered view by December 3 to inform" Mr Buhari's judgment on the bill.
The bill has upset the ruling party, the APC, particularly over the direct primaries clause, which forbids the delegate or indirect system. While the APC-controlled National Assembly leadership and the Bola Tinubu camp want direct primaries, there is a growing movement, supported by a number of governors, to keep the delegates system in place.
Direct primaries, the delegate system, and consensus are authorized as mechanisms for picking candidates for elections by political parties in the current Electoral Act 2010, as amended.
"In general, the Commission considers that the Bill contains considerable measures that might create a firm basis for the enhancement of the electoral process," INEC wrote to the president on December 3 in a letter acquired exclusively by our source.
"Provisions on early candidate submission, electronic transmission of results, and the Commission's power to review declarations made under duress or in violation of the law, among other things, will greatly contribute to better election management, increased public confidence in the electoral process, and overall democratic consolidation in our country."
However, the INEC letter, written by chairman Mahmood Yakubu, appeared to urge to the president that he have broader discussions, ostensibly referring to the topic of political party primaries.
"Because this is a multi-stakeholder activity, these issues cannot be decided only by the Commission," INEC stated. "Political parties will be responsible for conducting pre-election activities engaging their members, and security services will be responsible for securing the process."
The unwillingness of INEC to make a clear reference to primaries and to take a stance underscores the sensitivity of the issue, which is at the heart of rival groups' ambitions for securing the presidential ticket for the 2023 elections.
"There is no way any contender can defeat Asiwaju (Bola Tinubu) in a procedure that needs members from ward to ward to wait behind his or others' poster or agent," a top government official who is also a pro-Tinubu strategist said, declining to be recognized by name to preserve his job.
"Not many politicians, even if they secretly dislike Asiwaju, can come out and actively mobilize against him." They can, however, go against him in a delegate system; at the very least, that is a hidden system."
Meanwhile, the opposition PDP wants Mr Buhari to sign the law, according to Kola Ologbodiyan, the party's spokesman.
"There are other important concerns in the law, and we cannot allow the APC to sabotage the process because we want to fight the direct primary provision," Mr Ologbodiyan added.
"Although the party may subsequently oppose the direct primaries, no party should impose a system on others." But first, sign the law."
Mr. Ologbodiyan said that as a stakeholder, the president did not consult with the PDP.
The president also solicited input from the Attorney-General of the Federation, the Inspector-General of Police, and the Vice-President, in addition to INEC.
Umar Gwandu, the AGF's spokesperson, claimed he didn't know what his principal, Abubakar Malami, had stated in response to the President's request for advise.
Garba Shehu, Femi Adesina, and Laolu Akande, presidential spokespersons, did not respond to calls to their phones for this report.
However, a senior State House official, who spoke on the condition of anonymity because he lacks the authorization to discuss the topic with the press, said that Mr Buhari favors direct primaries, which enable members to choose who their party will send for elections.
"What I can tell you in strictest confidence is that the Presidency is plainly upset with the seeming isolation of the public and party members from the current party selection process," the person added. "As a legacy, the President is committed to remedy this."
