In the light of speculations that the proposed Conference Committee on the Harmonisation of the Electoral Bill 2002 maybe stormy, the fate of the bill appears to hang in the balance. Indeed, it does appear as if there is no end in sight for the tortuous legislative process which produced it. Shortly after the 36 speakers took the National Assembly to the Supreme Court over the Electoral Act 2001, the Senate repealed it and passed into law, the Electoral Bill 2002.

Thus, the tortuous legislative journey began as the Upper House at a time stayed action on the bill to await the judgement of the apex court on the Electoral Act 2001. The speakers had gone to court, challenging the right of the National Assembly to extend the tenure of local government chairmen and councillors. The Federal Legislature had in passing the Electoral Act 2001 extended the tenure of local government officials and pushed forward the council polls to March 2003.

Consequently, the speakers went to court and the Supreme Court on March 28, 2002 ruled that the National Assembly had no constitutional right to extend the tenure of the council officials. It further ruled that the conduct of the council polls was the business of the states through the state Independent Electoral Commissions (SIEC).

In obedience to the judgement of the Supreme Court, the Electoral Bill 2002 was brought out of the legislative cooler and amended. But drama, intrigues and suspense characterised the passage of the bill in the Upper House. First, there was the open disagreement between Senator Osunbor, chairman, Senate Committee on INEC and Senator Lawal Shuiabu as to who had the "locus standi to present the report on the bill to the Senate".

Senator Osunbor had argued that since he is the chairman of the committee on INEC, it was in his place to present the report. But - Senator Shuiabu countered and said he was elected the chairman of the National Assembly Committee on the Review of the Electoral Bill shortly after Senator Osunbor resigned." To end the heated debate that followed, the Senate resolved to take the two reports and on April 18, 2002, entertained them.

Whereas the Osunbor Committee recommended that the Senate allow INEC to determine how to conduct the polls, that of Shuaibu stipulated that "all elections excluding the local government elections be held in one day". These conflicting recommendation generated a lot of heat on the floor of the Senate as the Senators were sharply divided over the matter.

Voice votes could not settle the matter as Senator Ifeanyi Araraume (Imo) called for a division.

At the end of the voting, those in favour of elections holding in one-day as canvassed by the Shuaibu committee won with 28 votes to 14. After heated debate, the Senate passed the bill into law differing with the House of Representatives on two issues.

Whereas the House of Representative adopted in its entirety, the recommendation of the joint committee and insisted that new political parties should be registered before elections, the Senate held that elections should hold without the new parties. The section which provided for the sponsorship of at least 15 per cent of candidates across the country in local government elections by political parties adopted by the Lower House was deleted by the Senate.

Now, these two major differences were responsible for the impending joint conference committee and the Lower chamber is said to have vowed not to make concession. The reason for their position, Midweek Politics gathered "is because the House of Representatives feels betrayed by the Senate". It was gathered that the Lower House has vowed not to shift grounds because the Senate backed out of the agreement".

But dispelling the rumours, Senate's spokesman, Senator Jonathan Zwingina told Senate correspondents that the Upper House was not bound by the decisions reached at the "joint executive session as it is not in our rules". Noting that the Senate was a law - abiding institution, Senator Zwingina submitted that it was not possible for it to abide by a decision taken at the joint executive session as "it is not in our rules."

He expressed optimism that the two chambers will resolve their differences amicably naming Senator Mike Ajegbo as the leader of the Senate's team to the armonisation conference. Despite Senator Zwingina's assurances, there are strong indications that the House of Representatives is poised for a legislative battle which may lead to the convocation of a joint session of the National Assembly.