Presidential Jonathan’s 75 Percent Voting Rule Divides Confab Delegates

Mike Ozekomhe, SAN

Monday’s plenary session at the ongoing national conference was dominated by a lengthy argument over the clause stipulating that decisions of the delegates will be binding if they have the vote of 75 per cent majority or if there is a consensus.

It was human rights lawyer, Chief Mike Ozekomhe (SAN) who brought up the matter, urging Conference Chairman, Justice Idris Kjutigi to amend the provision to adoption of decisions through two-thirds majority. This, he argued, is in line with the constitution as well as global best practices.

He explained that empowering only a few people at the confab to make decisions negates the essence of the conference and it is against the interest of natural justice, considering that with the 75 per cent rule, if delegates have 74.99 per cent, then their decisions are invalid; meanwhile, a minority of 25 per cent delegates could easily win over anything under the rule of consensus.

“My Lord, I want to point out for your attention and that of the delegates that a lot of very controversial and emotive issues will come up at the conference since many of the delegates here represent local and community interests”, Ozekomhe said.

“Under the provision for 75 per cent, for any dissenting voice to get anything done here, it would be very difficult for anything to be achieved. We should therefore go back to the normal practice of two-thirds majority when it comes to voting on any matter, because what this means is that for any decision to be taken no fewer than 369 of the 492 delegates must concur before such can be done”.

But Kutigi remained unwavering, saying the issue of consensus or 75 percent voting was already straitjacketed by the Presidency, hence the matter was not up for debate.

“We cannot change the rule of voting which had already been decided by the President, who set the tone for this conference. The issue has been closed,” he said.

But he was opposed many delegates, elder statesman Ayo Adebanjo arguing for the rule to be amended in compliance with the Nigerian Constitution, which stipulates two-thirds majority for voting on any serious matter before it becomes law.

“There is no place in the world where matters are decided by 75 per cent of the voting majority. We should not isolate Nigeria when it comes to issues of very serious international and national importance like this. We should go with the world and not play into the hands of those who do not want Nigeria to work”, he said.

“Mr. Chairman, I plead with you to go back to Mr. President and plead with him that the 75 per cent or three-quarter majority should be changed to two-thirds majority, as is the case all over the world. We should not be given any condition that is unattainable”.

Adamawa State-born delegates, erstwhile Nigeria Ambassador to the United States, Hassam Adamu and former Inspector General of Police, Mohammed Gambo Jimeta, sided with Kutigi and President Jonathan, and argued for the 75 per cent voting rule to be upheld.

But Chairman Kutigi deferred discussions on the matter as delegates embarked on a break at 2pm; and when the confab resumed two hours later, he shifted discussions to the items listed on the order papers.