Editorial
Whither The Electoral Act?
Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, announced on Wednesday, April 28, 2021 at a one-day Public Hearing on the National Electoral Offences Commission (Establishment) Bill 2021, organised by the Senate Committee on INEC in Abuja, that the 2023 general elections will hold on Saturday, 18th February, 2023, which is exactly one year, nine months, two weeks and six days or 660 days from today.
Promising to release the timetable and schedule of activities for the elections after the forthcoming Anambra State governorship election on November 6 this year, the INEC boss underlined the need for “clarity and certainty about the electoral legal framework to govern the election “going forward but expressed the hope that the “National Assembly will do the needful”.
There are many Nigerians who believe that the country was denied the opportunity of a freer, fairer and more credible electoral process in 2019 when President Muhammadu Buhari, on Friday, December 7, for the fourth and final time declined to assent to the Electoral Act (Amendment) Bill 2018 with the lame excuse that the 2019 electoral process may be disrupted if he signed the bill into law.
Of course, the dominant opinion around the country was that the President’s decision was ill-advised and selfish with many calling the National Assembly to veto the President’s assent. Indeed, many believed that the amendment proposed by the bill was aimed at making the 2019 general elections credible with the use of the smart card reader and electronic transmission of election results from the polling units as some of the innovations that would have been introduced to minimize electoral fraud and sanitise the system.
However, with the 2019 general elections gone, there was high expectation amongst Nigerians that the Electoral Act (Amendment) Bill will be among the first legislative items to be attended to and dispensed with by the 9th National Assembly, especially against the background that the legislative chambers are hugely populated by members of the 8th Assembly that passed the ill-fated bill.
As it has turned out, the bill that seeks to repeal the Electoral Act 2010 and enact the Independent National Electoral Commission Act 2020 (HB 981) only passed for second reading on the floor of the House of Representatives on Tuesday. November 24, 2020.
Leading the debate at plenary, Hon. Aisha Duku (APC Gombe) outlined a number of challenges the bill seeks to address including a the restriction for qualification for elective office to relevant provisions of the 1999 Constitution (As Amended(; (b) the use of Smart Card Readers (SCR) and other technological devices in elections and political party primaries; (c) The time line for the submission of candidates and criteria for substitution of candidates; (d) The limit of campaign expenses; and (e) Addressing the omission of names of candidates or logo of political parties.
Accordingly, some of the sections of the Act to be altered include: 1. Section 3 (2) (a) which deals with Time line for the Release of Funds to the Commission; 2. Section 2b (3) (4) which deals with the Conduct and Postponement of Election in an Emergency 3. Section 28 (1) which deals with the Oath of Neutrality by Election Officers; 4. Section 30 which deals with The Notice of Election; 5. Section 34 which deals with the Publication of Nomination; 6. Section 36 (1) which deals with the Death of candidate; 7. Section 38 which deals with the failure of nomination; 8. Section 42 (1) (2) which deals with the Establishment of Poling Units; 9. Section 49 (1) (2) which deals with the issue of Ballot paper; 10. Section 52 (1) which deals with the Conduct of poll by open secret ballot; 11. Section 85 which deals with Notice of convention, Congress, etc; 12. Section 90 (1) which deals with the power to Limit Contribution to a political party; 13. Section 91 which deals with the Limitation on Election Expenses; and 14. Section 99 which deals with the Limitation on Political Broadcast and campaign by political parties.
Hon. Duku who expressed the hope that the bill will plug loopholes in our electoral system by amending over 300 causes (including new provisions) of the Electoral Act 2010, also noted that “In addition to this are concerns that the legal framework on certain issues should be well settled ahead of the 2023 elections such as the use of technological devices like the Smart Card Reader and electronic voting system”.
The President of the Nigerian Senate, Ahmad Lawan raised the hope of Nigerians for an amended Electoral Act that could advance the cause of the political system when he disclosed that the National Assembly would pass the Independent National Electoral Commission Act 2020 in June, 2021. While answering questions after delivering a lecture at the National Defence College, Course 29 Programme in Abuja on February 2, this year, Senator Lawan said, “we are currently working on the Electoral Act. We want to amend it and we intend to achieve the amendment before June or thereabout”, adding that “our intention in the National Assembly with this is to further sanitise the electoral environment and empower the seamless, transparent and very open sort of election where a winner and a loser will be glad that he lost in a very fair contest. So, we are working on this and we hope that the 2023 general elections will see less of electoral violence because the law itself would have been further improved”.
Mr Lawan who also hinted at the setting up of an Electoral Offences Commission through the amendment bill in the works, expressed the confidence that the 2023 general elections will experience significant reduction in electoral violence after the passage of the legal framework that will govern the conduct of the polls. “Let me give some commendation to the National Assembly for continuously working on the Electoral Act to provide for a better electoral environment in Nigeria”, he said, adding that “ I also believe, and that is the position of the National Assembly, that we should have the Electoral Offences Commission so that people who are involved in electoral violence will be prosecuted. I believe that it will go a long way in reducing and minimizing all these tendencies of people taking laws into their hands”.
The Tide strongly believes in the efficacy of the proposed amendments to largely address the debilitating challenges that have crippled our electoral system and therefore urges the National Assembly to leave nothing to chance in ensuring that it keeps absolute faith with the June, 2021 deadline it has set for itself to pass the Electoral Act (Amendment) Bill.
We believe that this will not only rule out any excuse of closeness to election as canvassed by the President the last time but will also create the opportunity for the law to be test-run in the forthcoming Anambra State governorship election in November this year prior to its full scale application in 2023.
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Editorial
WPFD: Nigeria’s Defining Test
Nigeria stands at a critical juncture as the world marked World Press Freedom Day (WPFD) on May 3. This annual observance is a reminder that a free press is central to democratic life, good governance, and public accountability. For Nigeria, it is also a moment for sober reflection on how far the country has come and how far it still has to go in safeguarding the independence of its media.
World Press Freedom Day exists to highlight the fundamental importance of freedom of expression and to honour journalists who risk their lives in pursuit of truth. It underscores the idea that without a free press, societies cannot function transparently, nor can citizens make informed decisions. In countries like Nigeria, where democracy continues to evolve, the observance carries particular urgency.
This year’s theme, “Shaping a Future at Peace: Promoting Press Freedom for Human Rights, Development and Security”, places journalism at the heart of global stability. It emphasises that a peaceful society cannot be built on silence, fear, or manipulated information. Rather, it depends on the free flow of accurate, timely, and independent reporting.
At its core, the theme highlights the role of journalism in fostering accountability, dialogue, and trust. These are not abstract ideals. In Nigeria, where public confidence in institutions is often fragile, the media remains one of the few platforms through which citizens can question authority and demand transparency. When press freedom declines, so too does public trust.
Journalism serves as a foundation for peace, security, and economic recovery. Countries with robust media systems tend to attract greater investment, maintain stronger institutions, and resolve conflicts more effectively. Nigeria’s economic challenges, ranging from inflation to unemployment, require open scrutiny and informed debate, both of which depend on a free press.
However, the issue of information integrity has become increasingly complex in the digital age. Artificial Intelligence (AI) and online platforms have amplified the spread of misinformation and disinformation. In Nigeria, where internet penetration has grown rapidly, false narratives can travel faster than verified facts. This makes the role of credible journalism more vital than ever.
The challenge is not only technological but also ethical. AI-driven manipulation of information threatens to distort public discourse, influence elections, and deepen social divisions. In such an environment, professional journalism must act as a stabilising force, ensuring that truth prevails over sensationalism and propaganda.
Equally troubling is the safety of journalists. Across Nigeria, reporters face growing levels of online harassment, judicial intimidation, and physical threats. Self-censorship is becoming more common, as media practitioners weigh the risks of reporting sensitive issues. This trend undermines the very essence of journalism.
A particularly alarming incident involved a serving minister in the present administration, who openly threatened to shoot a journalist during a televised exchange. Such conduct, broadcast to the public, sends a dangerous signal that hostility towards the press is acceptable. It erodes the norms of democratic engagement and places journalists in harm’s way.
This year’s theme aligns closely with the United Nations Sustainable Development Goal (SDG)16, which promotes peace, justice, and strong institutions. Freedom of expression is a cornerstone of this goal. Without it, institutions weaken, corruption thrives, and justice becomes elusive. Nigeria’s commitment to SDG 16 must therefore include genuine protection for the media.
Historically, the Nigerian press has been a formidable force. From resisting colonial rule to challenging military dictatorships, our journalists have played a central role in shaping the nation’s political landscape. Today, however, that legacy appears to be under strain, as the media operates under what can best be described as a veneer of freedom.
Beneath this facade lies a troubling reality. Journalists are routinely harassed, detained, and prosecuted for performing their constitutional duties. Reports from media watchdogs indicate that dozens of Nigerian journalists face legal threats or arrest each year, often for exposing corruption or criticising those in power.
The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 has become a focal point of concern. Originally intended to combat cyber threats, it has increasingly been used to silence dissent. Sections 24 and 27(1)(b), in particular, have been invoked to target journalists, bloggers, and social commentators.
Although amendments introduced in February 2024 were meant to safeguard journalists, concerns persist. The law continues to be wielded in ways that stifle investigative reporting and restrict freedom of expression. Legal reforms must go beyond cosmetic changes to address the root causes of misuse.
To safeguard the future of journalism in Nigeria, decisive action is required. The Cybercrimes Act must be revisited to ensure it cannot be weaponised against the press. Law enforcement agencies must operate free from political influence, upholding the rule of law and protecting journalists’ rights. Civil society and international partners must also strengthen independent media through funding, training, and platforms for wider reach.
In this rapidly evolving world shaped by artificial intelligence and digital innovation, Nigeria faces a clear choice. It can either allow press freedom to erode under pressure, or it can champion a truly independent media landscape. The path it chooses will determine not only the future of journalism, but also the strength of its democracy and the peace it seeks to build.
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