The Right of First Refusal: Myth or Reality

The term right of first refusal has recently been introduced into political lexicon, stating that a representative or senator of the federal republic of Nigeria, while seeking re election to his or her office should be given ascending right of re-contesting the office over other contestants and other seekers to such office are availed the right of contest only when an incumbent is refuse the right to seek for re election. This concept of nomination process is attributed to the system of democracy in the United States of America, that it ensures that there is continuity and experience in the legislative arm of the government.

Thus to understand the position of the concept in the United States of America, we have to do an exploration on the principal document establishing American legislature. Article 1 of the United States of constitution provides that the congress shall consist of a house of representatives and the senate, establishes the manner of election and qualification of members of each house, and outlines their legislative procedure and enumerates the powers vested on the legislative branch. Finally it establishes limits on the powers of both congress and states.

Under section 2 clause 1 of the same constitution dealing with the composition and election of members "The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature."

The second clause of the same section 2 provides that "No person shall be a representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of the state in which he shall be chosen." Section 3 of Article 1 of the same constitution, dealing with the composition and election of senators stated that "The senate of the united states shall be composed of two senators from each state. Chosen by the legislature thereof, for six years; and each senator shall have one vote."

Clause 2 of the section 3 dealing with classification of senatorial vacancy duely stated that "Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies."

Clause 3 of the same section, dealing with the qualification of senators stated that "No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen."

From the foregoing provisions, it is evident that the concept of the right of first refusal, was never recognized as a right in the context of the united states constitution, nor was it acknowledged as a privilege that the supreme document could take notice of, thus if it ever existed in fact rather than at law, it falls within the prism and mechanism of internal political party arrangement, where a political party confer the choice of giving preference to an incumbent, and denying same such right to an aspiring seeker of public office, such a reality should not be legitimatized with the nomenclature of a right.

The format, context and settings of the enacting provisions of the united states constitution, was so organized and crafted that membership of the congress of the united states of America, would be a continuous process, while elections and ascension into the chamber of the second arm of government is in different batches, that ensures that legislature is never populated by new entrants and people lacking the requisite experience in functions of the law making activities.

The perception and contention of what constitutes a right, is usually an entitlement that where it to be deprived upon an individual, grave harm would result to the interest of such a person, as in the case of fundamental rights enshrined in our constitutions, while in the case of infringement of other rights, injury would subsist on the surrounding situations of such parties, thus the denial of a privilege that other parties are also entitled to, could not a create an infringement upon a right.

The process and procedure of our electoral democracy, should be tailored to be in conformity with our norms, values and surrounding circumstances, in the case of the united states of America, different dates for elections were set to create a condition of continuity, the federal republic of Nigeria could model its own system, in a way that could suit our special needs and circumstance.