As the National Assembly is set to pass the amendment bill for the Electoral Act 2010 in 2021, several stakeholders have raised some issues they want to be addressed in the bill.
Although about 300 clauses are being considered in the proposed Electoral Act Amendment Bill by the House of Representatives, many stakeholders have brought up areas they would want to see changes in.
The stakeholders such as the geo-political zones, non-governmental organisations, civil society organisations and lawyers have expressed their preferences for the new bill.
Issues bordering on legalization of the card reader, inclusion of females in election management, prosecution of election offenders and sponsors among others are some of the major areas in the new act.
The bill also seeks to reform electoral processes in the country by regulating federal, states, and area councils elections and other related matters.
Card reader for accreditation
The chairman of the South East Governors’ Forum, Dave Umahi, in December 2020 stated that the zone will resist the compulsory use of card readers for authentication of voters in the 2023 elections.
This would require an amendment in the Electoral Act, although it is already contained in the INEC Regulations and Guidelines.
The National Assembly is already working on the proposed bill to give legal backing to the use of card readers, e-voting and other technological means during elections.
Candidates’ educational qualifications
The proposed bill, when passed into law, will also provide a limit on educational qualifications for candidates seeking elective offices vis-à-vis the provisions of relevant sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Timeline for submission, substitution of candidates
The proposed bill also seeks to provide a timeline for the submission of lists of candidates and criteria for substitution of candidates before an election.
Limitations on campaign expenses
The Proposed Electoral Act Amendment Bill will also put a cap to limit campaign expenses as it proposed various amounts to be spent by presidential, governorship, local government chairmanship and councillorship candidates, and “disclosure of the source of funds contributed to political parties”.
Omission of candidates’ names/party logos
It also seeks amendment to address the omission of names of candidates or logo of political parties on ballot papers by INEC.
It seeks “Replacement of lost or destroyed permanent voters’ card, the penalty for the possession of fake voters’ card. It says dates for conducting primary elections shall not be earlier than 150 days and not later than 120 days before the date of the election, etc.
Other important areas which are now being proposed for amendment include: Section 30 which provides for notice of election which was amended to read that “substitution of candidates in a by-election, except where a candidate of a political party in a by-election dies, the party shall submit to the INEC the name of its substitute candidate within 48 hours of the death of the candidate in the form prescribed by the commission.”
Also, Section 36 (1) under the death of a candidate is amended as follows: “If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner shall be satisfied with the fact of the death, countermand the poll in which the deceased candidate was to participate and the commission shall appoint some other convenient date for the election within 14 days.”
Despite the amendments being undertaken by the National Assembly, some NGOs have brought additional areas they would want amended to strengthen the democratic process. These include:
Gender inclusion
The Legal Defence and Assistance Project (LEDAP) has proposed legal amendments at the National Assembly to grant women greater political participation in Nigeria.
For instance, LEDAP is proposing the provision of at least 35 per cent affirmative action for national commissioners, state resident commissioners of the Independent National Electoral Commission, and amendments to sections 1, 2, and 8 of the Act to mainstream gender in the constitution of the and functions of INEC.
LEDAP also wants amendments to sections 9, 10, 11, 12, 25 and 29 on the compilation and maintenance of National Voter’s Register among others with a sex-disaggregated data, mobile registration, and gender equality in the appointment of registration officers. LEDAP wants sections 25 and 77 amended to address challenges women confront with voting process; and sections 3(a)(d) 4,5(a), 8(d) and 9(b)(iv) for voting locations and separate polling points for women, among others.
Electoral offenders’ prosecution
There have been demands for stiffer punishment for electoral fraud in Nigeria. This is why part of the recommendations of the Justice Muhammed Uwais Panel on Electoral Reforms for the establishment of a Special Electoral Offences Commission to try electoral offender is still discussed in various circles.
The panel also recommended the power to appoint INEC chairman to be transferred from the president to the National Judicial Council (NJC) to insulate it from the executive.
Similarly, the Centre for Socio-Legal Studies (CSLS) is seeking amendment of the Electoral Act in a manner to punish electoral offenders through the amendment of the constitution, which supervenes the Electoral Act.
Thus, CSLS wants the creation of an independent office of the public prosecutor of electoral offences, and for the law to provide that the Attorney General of the Federation cannot enter a nolle prosequi on any such matters as against the provision of Section 174 of the Nigerian Constitution which grants the powers to undertake criminal proceedings against any person in Nigeria.
Further, CSLS wants Section 308 of the Nigerian Constitution to be amended by removing immunity for executive office holders in respect of electoral offences.
Electoral Debates Bill
A proposal for the amendment shared by the Policy and Legal Advocacy Centre (PLAC) on their website is a Bill for Electoral Debates. Sponsored by Senator Abdulfatai Buhari, Oyo North, the bill is seeking to give legislative backing for INEC to organise and conduct debates for all candidates into the offices of the President and Vice President of the Federal Republic of Nigeria and of Governor and Deputy Governor of a state.
In climes where candidates opt out of debates on their own, the sponsor of the bill says it will “strengthen democracy and bring it in conformity with the practice of other renowned democracies of the world.”
