Editorial
Electoral Act, Making Votes Count
Since President Muhammadu Buhari assumed office as Nigeria’s President on May 29, 2015, he had gone
back and forth with the National Assembly on amendments to the crucial Electoral Act. The macabre dance finally ended when he approved 10 alterations to Nigeria’s 2010 electoral law, creating legal safeguards for more transparent voting and collation processes.
Nigeria, Africa’s most populous country, is gearing up for a high-strung general election next February, with some of its outstanding politicians already thrusting themselves into what could result in a fierce campaign season. And while that may be impressive enough, the African giant has now fastened electoral laws, raising anxieties and demonstrating that it can hold elections that are widely seen as credible for the first time in years.
This is an amazing development in a country categorised low on civil liberties, where elections are often prone to extensive vote manipulation and voter arm-twisting. Remarkably, the new emendations give the Independent National Electoral Commission (INEC) more decision-making powers and reserves early funding for it to avoid the incommodious technical and logistical lags that led to the rescheduling of the 2019 election which disenfranchised some voters in the end.
Perhaps, most fundamentally, the law also furnishes legal support for the use of electronic card readers for accreditation and the electronic transmission of results for collation in Section 50. This gives INEC the legal authorisation for the electronic transmission of election results, a sticking point for some politicians who believe the decrepit state of the country’s telecommunications system could hinder voting in certain areas. Hopefully, it will extensively abate the machination of Nigerian elections.
Conversely, members of civil society groups reckon that the card reader, first used in the 2015 election, aided transparency and diminished the incidence of string pulling. But the admissibility of electronic data in court had been hotly debated because of a lack of legal support for the device. The new Act goes into effect immediately, indicating that INEC can test-run the rules this year, when Osun and Ekiti States in the South-West will hold gubernatorial elections.
Following approval of the bill, President Buhari said in a televised address to Nigerians on the night it was signed that it “could have a positive impact on Nigeria’s elections”, and added that the technological innovations provided “will safeguard citizens’ constitutional right and vote effectively”. But he campaigned vigorously as a clean politician during his successful presidential bid in 2015, yet, seemed very reluctant to assent to the bill.
The President had vetoed parts of the bill, returning it to parliament five times since 2015 and making it one of the longest-debated laws in Nigeria’s history. The rejections were often accompanied by requests for amendments. In one renunciation, Buhari cited grammatical errors. On another event, he impeded until a few months to the 2019 election before contending that it was too close to D-Day to evaluate the bill.
Last December, he asked the National Assembly to lift restrictions mandating parties to hold direct primary elections, rather than hand-pick favourites of more powerful party leaders. The lawmakers acquiesced but introduced more anti-manipulation measures into the bill. For example, when they took off the mandatory direct primaries provision, they added clauses that staved off political appointees from running for office or voting during primaries without giving up their current positions. This is entrenched in Section 84(12) of the Act.
It states: “No political appointee of any rank shall be a voting representative or be voted for at any party’s convention or for the nomination of a candidate for any election.” For Buhari, this provision constitutes a denial of the right to vote or be voted for at any political party’s convention. Before endorsing the bill, the President advised the legislators to revise the provision. Interestingly,the Senate has rejected to act on the request of President Buhari for an amendment of Section 84(12) of the newly assented Act.
Importantly, Section 50 allows INEC to determine the procedure for voting at an election as well as the transmission of results, either electronically or manually. Section 51(2) empowers the Presiding Officer at a polling unit to cancel the results of the election in the polling unit where the number of vote casts surpasses the number of accredited voters in the polling units. Furthermore, the time frame for campaigns by political parties has moved from 90 days to 150 days before the election. This is according to Section 94(1).
Another provision, Section 29(1), makes it a law for political parties to conduct their primaries and submit the list of candidates at least 180 days before the general elections from the previous 60 days. The list of candidates submitted must emerge from valid primaries conducted by the political party. This provision is particularly laudable as political parties have now been compelled to prepare for an early primary election in line with the guidelines.
Section 64(9) criminalises any act of false collation and declaration of results by a returning or collation officer. If a returning or collation officer intentionally collates and announces a false result, such a person commits an offence which is liable on conviction to a fine of N500,000 or imprisonment for a term of at least 3 years or both. In instances where INEC determines that such act was not done willingly or made contrary to the provisions of the law, regulations, guidelines, and manuals for the election, Section 65 gives the Commission the power to review such results.
INEC must be commended for making incremental improvements to the electoral system since 2015 when it first introduced the Permanent Voter Card and Smart Card Reader for elections. It has also upgraded the system to use the Bimodal Voter Accreditation System, a better technology that was deployed during the off-season November 6 governorship election in Anambra State.
Nigeria is crumbling at the seams. It has been significantly weakened by its poor electoral system that allows thieves, mediocres, and incompetent politicians to attain high offices. In many instances, instead of the will of the people prevailing, it is the increasingly tainted courts that determine the fate of Nigerians. Therefore, now that the Electoral Act has been amended, all stakeholders, particularly civil society organisations and the citizens, should rise for democracy, pointing the way forward.
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