In the last days of his rule and with two days to go, to the March 28th Presidential election, President Goodluck Jonathan signed the amendment to the 2010 Election Act. The signing of the Electoral Act was not made public and only just surfaced into public consciousness few weeks ago. It is unclear whether President Jonathan refused to publicise the signed amendment.
Policy and Legal Advocacy Centre (PLAC) and several other civil society organisations had worked with the National Assembly to push for the passage of the Electoral (Amendment) Act, 2015 in order to improve the conduct of the 2015 General Elections.
The 19-section amendments contain the following:
- An amendment to section 8(1) to provide for a four-year tenure for the Secretary from the date of his/her appointment. This term may be renewed for another 4 years only
- An amendment to section 13(2) that requires the transfer of registered voters to be concluded at least 60 days before an election. This decreases the time that voters may be transferred from one centre to another. Under the previous provision, voters had not less than 30 days before the election date to request for a transfer.
- An amendment to section 18(1) and (3) that reduces the period that an application can be made to issue a duplicate to 60 days before polling day.
- An amendment to section 26(1) that mandates INEC to “as far as possible” ensure that persons displaced as a result of the emergency are not disenfranchised.
- An amendment to section 28(1) that extends the jurisdiction that an oath of neutrality can be sworn from the High Court to any Court of Law or a Commissioner for Oaths.
- An amendment to section 29 that inserts a subsection (3) that vests INEC with the power to request for the deployment and assignment of security personnel for the purposes of an election or registration of voters with a proviso that INEC shall request for the deployment of the Armed Forces solely for the purpose of securing the distribution and delivery of materials.
- An amendment to section 49(1) that mandates a polling officer to submit two passport photographs and a sample signature in addition to his name and address.
- An amendment to section 52 that removes the prohibition on electronic voting. Under the new provision, voting shall be in accordance with the procedure determined by INEC.
- An amendment to section 65 so election results and materials being delivered under security to persons prescribed by INEC shall be accompanied by the candidates or their polling agents where available.
- An amendment to section 77(1) to extend the time that a Resident Electoral Commissioner can issue election documents to 14 days. It also amends the provision by providing for the issuance of CTC documents, which was optional in the previous provision.
- An amendment to section 94 by inserting new subsections (4) and (5) that emphasise the role of the police at political rallies as strictly for the provision of adequate security notwithstanding any law or regulations stating the contrary. Furthermore, no political party, aspirant or candidate should be prevented from holding meetings or processions as long where it is for a constitutional political purpose. The police are also authorised to resolve conflicts pertaining to a clash of time and venue between political parties when the need arises.
- An amendment to section 111 that extends the time that the Commission can make arrangements where no candidate is duly elected as an Area Council Chairman from 7 days to 14 days.
- An amendment to section 115 by inserting new provisions (115A &B) that outline the removal of a Chairman and Vice Chairman of an Area Council on grounds of permanent incapacity, death or resignation.
- An amendment to section 123 by punishing polling officers, political parties or polling agents who conspire to make a false declaration of result to a maximum fine of N500,000, twelve months imprisonment or both.
- An amendment to section 133 which reduces the time that an election tribunal must be constituted to not later than 30 days before the election. Under the previous provision, it was mandatory for election tribunals to be constituted not later than 14 days before an election.
- An amendment to section 135 that insert new subsections (4) and (5) that empower the Chief Judge of the Federal Capital Territory to appoint the Chairman and members of an Area Council Election Tribunal. The former provision was silent on this. It further provides that the tribunal should be constituted not later than 21 days before the election and have their registries open for business not later than 8 days before the election.
- An amendment to section 136 by inserting new subsections (5), (6) and (7) that provide for the membership, appointment, constitution and quorum of an Area Council Election Appeal Tribunal
- An amendment to section 138 that includes an additional ground for an election petition, which is that the person whose election is being questioned submitted an affidavit containing false information of a fundamental nature in support of his qualification for the election to INEC.
- An amendment to paragraph 51 of the 1st Schedule by deleting subparagraph (1) and (2) which makes it possible for election officials to be named as respondents or necessary parties in a petition where their conduct is being questioned.
Although the Electoral Act (Amendment), 2015 has been passed into law, recent agitations for further amendments by Nigeria’s 8th National Assembly denotes even further amendments. Two Electoral Amendment Bills seeking to recognise the card reader in the identification and authentication of voters and to give INEC more powers in providing for the substitution of candidates where a candidate dies after primary elections have already passed second reading in the Senate respectively. The Deputy Senate President, Sen. Ike Ekweremadu (PDP:Enugu) has also advocated for another comprehensive review of the Electoral Act.-