New Telegraph

Reps move to firm up Electoral Act

The House of Representatives, last week, passed through second reading, amendment to the Electoral Act, 2006. PHILIP NYAM examines the amendments

The nation’s electoral process has been flawed in so many areas since the return of democracy in 1999. Elections are often marred by irregularities including rigging, multiple voting, ballot box snatching and vote buying, among others. Although, attempts have been made by the electoral umpire, the Independent National Electoral Commission (INEC) and other stakeholders to improve on the quality of elections to ensure free, fair and credible polls, there is much left to be done.

Hence, the House of Representatives, as part of its legislative agenda has resolved to amend the contentious provisions of the Electoral Act in order to make the 2023 general election a better outing. The bill, sponsored by chairman of the House Committee on INEC, Hon. Aishatu Dukku (APC, Gombe) is titled: “A bill for act to repeal the Electoral Act no.6, 2006 (as amended 2015) and enact the INEC Act 2020, to regulate the conduct of federal, state and area council elections and related matters, 2020”.

In passing the bill through second reading penultimate Tuesday, the House fixed the maximum election expenses to be incurred by a candidate at a presidential election at N5 billion. The lawmakers also pegged N1 billion for governorship, N100 million for senatorial and N70 million for House of Representatives.

In the case of state Assembly and council chairmanship election, the maximum amount of election expenses to be incurred by a candidate was fixed at N30 million, while in the case of councillorship election, the maximum amount was fixed at N5 million.

The House also endorsed the use of card reader as the bill provides that “the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the voter in the manner prescribed by the Commission.”

The lawmakers also introduced a new sub-section, which provides that where a smart card reader deployed for accreditation of voters fails to function in any unit and a fresh card reader is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours. Section 52 (1)(b) on conduct of polls by open secret ballot was amended to state: “The Commission may adopt electronic voting or any other method of voting in any election it conducts as it may deem fit.”

Section 53 (2) and (3) on over voting was amended to read: “Where the votes cast at an election in any polling unit exceed the number of accredited voters in that polling unit, the result of the election for that polling unit shall be de-clared null and void by the commission and another election may be conducted at a date to be fixed by the commission where the result at that polling unit may affect the overall result in the constituency.

Where an election nullified in accordance with subsection (2) of this section, there shall be no return for the election until another poll has taking place in the affected polling unit.”

Presenting the bill for debate, Hon. Dukku said: “The need for electoral legal framework reform in Nigeria becomes absolute necessity against the backdrop of election malpractice, widespread rejection of declared results as well as loss of lives and property that usually go along with such electoral flaws.

This bill seeks to repeal the Electoral Act No. 6, 2010 and enact the Independent National Electoral Commission Act 2020, to regulate the conduct of federal, state and area council elections and for related matters, to make provisions for the restriction of the qualification for elective office to relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended); use of card readers and other technological devices in elections and party primaries, to provide a time line for the submission of list of candidates, criteria for substitution of candidates, limit of campaign expenses, and address the omission of names of candidates or logo of political parties.”

Dukku noted that “more importantly, our electoral laws appear to be out-dated and iII-equipped to adequately address these concerns that the very foundation of our democracy calls for. I hereby urge you all to support this bill so as to further strengthen our electoral legal framework and our electoral system for the development of our democracy.” Speaking on the bill after the passage, Hon. Dukku, said all stakeholders were carried along in the processing of the bill. “This bill has the input of the Senate, House of Representatives, INEC and the Federal Executive Council,” she said.

Other areas the bill seeks to address include limitations on political broadcast and campaign by political parties where “the period of campaigning in public by every political party is to commence 150 days before the polling day and end 24 hours prior to the day of election.” The bill also seeks to look at the issue of the death of candidates before the conclusion of election process, nomination of candidates and conduct of electoral officials among others.

On the issue of nomination of candidates, the bill proposed that “where there is a valid nomination by at least one political party, failure of a political party to validly nominate a candidate does not constitute ground for extension of time for nomination or postponement of election.”

On the conduct of polling agents, the bill proposed that “polling agents who are in attendance at a polling unit, are entitled, before the commencement of the election, to have originals of electoral materials, including ballot papers, result sheets, ballot papers’ account and verification documents and other electoral forms to be used by the commission for the election inspected, and this process may be recorded in writing, on video or by other means by any polling agent, accredited observer or official of the commission.”

It also prescribes punishment for erring polling officials in section 5, proposing that “a presiding officer who contravenes subsection (3) or (4) commits an offence and is liable on conviction to at least a term of one year imprisonment or a fine of N1,000,000, or both.” The amendment further proposed that “a person intending to vote in an election shall present himself with his voter’s card to a Presiding Officer for accreditation at the polling unit in the constituency in which his name is registered. Several other amendments were also proposed and would be discussed at a public hearing where other stakeholders will have the opportunity to make inputs.

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