The National Assembly has passed an extensive new Electoral Act Amendment Bill that will be transmitted to the President for assent. If assented to within the Constitutional time frame of 30 days[1], the Bill will govern the conduct of the 2019 General Elections. Nigerians are anxious that President Buhari assents to the Bill as quickly as he receives the transmitted copy from the National Assembly.
The Bill attempts to address a plethora of issues peculiar to Nigeria’s polity such as the cost of politics, internal democracy, the use of technological innovations and fills gaps in extant provisions.
Addressing the cost of politics while targeting internal party democracy for instance, the Bill caps the cost of campaign expenses/ nomination fees for aspirants, by an amendment to section 87 which proposes that a Presidential aspirant pay no more than ten million naira for his nomination fee while a Governorship aspirant be levied no more than five million naira for the said position. Similarly, a Senatorial aspirant to the Federal legislature is to pay no more than two million naira for nomination fees while a Federal House of Representatives aspirant pay no more than one million naira; a figure twice the amount that his counterpart in the House of Assembly is expected to pay. Linked to this is the amendment prohibiting political parties from imposing additional requirements for the nomination of candidates outside those contained under the 1999 Constitution (age, educational qualification, criminal record etc). However, the Bill deviates by increasing the amounts allowed for campaign expenses for all categories of aspirants[2]– perhaps due to inflation.
In addition to these are provisions embracing the use of technological innovations such as the smart card readers that utilise biometrics to authenticate voters[3]. It is expected that incorporating the use of the device in the Electoral Act will lay to rest series of court cases on the status of the device vis a vis the manual voters register as well as add credibility to the election process.[4] For instance INEC is mandated to reschedule another election in any polling unit where the smart card reader fails and a fresh one is not deployed 3 hours before the close of the elections except where votes from the card reader would not affect the overall result in that constituency; signalling the end of incident forms[5].
Incorporating the smart card reader/technological device in the Electoral Act is also expected to compliment other provisions that mandate INEC for example to have a National Register of Voters[6] in an electronic format[7] on the results of every election (State, Local Government, Area Council, Ward, Polling Unit)[8] making it easier to collate and disaggregate data on voting patterns of different categories of electorates (male, female, persons with disabilities etc ) that may prove useful when planning elections. There are also provisions mandating the publication of the voter’s register on INEC’s official website or any website established by the Commission for seven days [9] and a futuristic provision giving explicit powers to the Electoral Management Body to conduct elections by e-voting or any method that it may determine from time to time[10].
In addition to these, are attempts to tackle the perennial problem of vote-buying by increasing the penalty for buying and selling a voter’s card from a fine of N1,000,000 or 12 months imprisonment or both to a N2,000,000 fine, imprisonment for 2 years or both[11]. There is also a penalty for persons who procure fake voters’ cards. In addition, officers of the Commission who issue, endorse or certify false reports of any delegate to an election or primary attract a fine of N1,000,000 or imprisonment for a year[12]. However, the amendments fall short by failing to provide other means of curbing the issue of vote buying outside the general buying, selling and procurement of voter’s cards. INEC staff/officials who fail to comply with Court or Tribunal orders with regard to the inspection and production of election materials are also liable to 2 years imprisonment, a fine of N10,000,000 or both[13].
Lastly, if passed, the amendments will close the gap exposed in the 2015 Kogi State governorship elections where a candidate, Prince Abubakar Audu died after the commencement of poll but before the declaration of election result as it will enable the Commission suspend elections for a maximum period of 21 days where a leading candidate in an election dies after commencement of an election but before the announcement of result[14]. In the event such a scenario re-occurs, the Bill envisages that the political party of the deceased candidate conduct new primaries to get a replacement candidate within 7 days after which INEC is expected to continue with the election after the period it suspended the election has elapsed. Similar provisions are made for the death of a leading candidate in an Area Council poll[15] although in such cases INEC is permitted to suspend the elections for no more than 14 days. Thus, overall, it is safe to say that the said amendments will enhance free and credible process in elections in Nigeria although though the impact of majority of its provisions will most likely be felt after the 2019 General elections.
[1] Section 58(4) of the 1999 Constitution (as amended)
[2] An amendment to section 91 of the Electoral Act, 2010 (as amended)
[3] Amendment to section 49(2) of the Electoral Act, 2010 (as amended)
[4] See Wike Ezenwo Nyesom v Hon.(Dr) Dakuku Adol Peterside & Ors http://lawpavilionplus.com/summary/judgments/?suitno=SC.1002%2F2015+(REASONS)&from=nnMmA6EuHl0fJ2OrJoPWa5l5Txx6HajPZhqsnGFpgek%3D
[5] Proposed section 49(4) of the Electoral Act Amendment Bill, 2018
[6] Amendment to section 9 of the Electoral Act, 2010 (as amended)
[7] Amendment to section 15 of the Electoral Act, 2010 (as amended)
[8]Proposed insertion of a new section “65 A “1” and “2” after section 65 of the Principal Act
[9] Amendment to section 19 of the Electoral Act , 2010 (as amended)
[10] Proposed amendment to section 58 of the Electoral Act Amendment Bill, 2018
[11] Amendment to section 120 of the Electoral Act , 2010 (as amended)
[12] The proposed clause 87(14) in the Electoral Act Amendment Bill, 2018
[13] An amendment to section 151 of the Electoral Act, 2010 (as amended)
[14] An amendment to section 36 of the 2010 Electoral Act (as amended)
[15] An amendment to section 112 of the Electoral Act, 2010 (as amended)