Electoral Act: 10 Priority Amendment Proposals Submitted to National Assembly

Electoral Act: 10 Priority Amendment Proposals Submitted to National Assembly

To further deepen democracy in the country, 10 top areas of the Electoral Act 2010, that should be amended have been identified and submitted to the National Assembly for its consideration. The priority areas include proposals that would improve the effectiveness of the Independent National Electoral Commission (INEC) , improve on the inclusivity of disadvantaged

To further deepen democracy in the country, 10 top areas of the Electoral Act 2010, that should be amended have been identified and submitted to the National Assembly for its consideration.

The priority areas include proposals that would improve the effectiveness of the Independent National Electoral Commission (INEC) , improve on the inclusivity of disadvantaged groups such as women, youth and persons living with disabilities and feel other voids in the current legislation.

The document titled: “Citizens’ Top 10 Priorities on Electoral Act Amendment” contains the proposals authored by 8 Civil Society Organisations who are close monitors of Nigeria’s democratic development with support from the European Union under its Support to Democratic Governance in Nigeria programme. They include, the International Press Centre, the Abino Foundation, Centre for Citizens Living with Disabilities, Cleen Foundation, Nigeria Women Trust Fund, Institute for Media and Society, Premium Times Centre for Investigative Journalism, and YIAGA Africa.

Specifically, they propose timely funding of INEC at least 180 days before any election; publication of polling unit official election result on INEC website; make adequate provision for persons living with disabilities in the voting process; reduce the influence of money in the electoral process especially in the conduct of party primaries’ nomination process by aligning party constitution and rules with the Nigerian constitution and the promotion of the inclusion of women, youth, and persons living with disabilities in politics.

Other proposals are for the Electoral Act to legitimize the use of technology in the electoral process by allowing electronic accreditation of voters, electronic voting and electronic transmission of results; stiffer penalties for Electoral Act Offenders; regulating the conduct of security personnel on election day; allowing early voting for Nigerians on essential election duty and accepting voting rights for Nigerians in Diaspora.

Details of the proposed amendments are as follows:

1. Strengthen the financial independence of the Commission-Amend Section 3:
Section 3 of the Electoral Act 2010 should be amended by inserting a new subsection to read ‘The election expenses due to the Commission for any general elections shall be released to the Commission not later than 780 days to the date appointed for the elections’

2. Publication of polling unit level results- Amend Section 71: Section 71 of the Electoral Act, 2010 should be amended to read,’The commission shall cause to be posted on its website or any other accessible platform the official election result which shall include the polling units level results’

3. Protecting the voting rights of visually impaired and Incapacitated Voters – Amend Clause 56 (2). Section 56 {2) of the Electoral Act 2020 does not guarantee the accessibility of Persons Living with Disabilities (PWDs) to the polling unit. To include PWDs, Section 56(2} should be amended by changing the word “may” to “shall” to mandate the Commission to make adequate provision for persons with disability in the voting process.

4. Cost of Nomination of Candidates- Amend Section 87:
To promote inclusion in political party primaries and reduce the influence of money in our elections, Section 87(2} (3) be amended by inserting a new subsection (f) to read: Political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirants or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 706, 707,737,737, 777, and 787 of the Constitution of the Federal Republic of Nigeria, 7999 (as amended}’.
‘For the purpose of the nomination of candidates for election, the total fees, charges, dues and any payment howsoever named imposed by a political party on an aspirant shall not exceed:
7. One Hundred Thousand Naira (N1OO,OOO} for a Ward Councillorship aspirant in the FCT;
2. Two Hundred Thousand Naira (N200,000) for on Area Council Chairmanship aspirant in the FCT;
3. Three Hundred Thousand Naira (N3OO,OOO) for a House of Assembly aspirant;
4. Five Hundred Thousand Naira (N5OO,OOO} for a House of Representatives aspirant;
5. One Million Naira (N1,000,000) for a Senatorial aspirant;
6. Two Million Naira (N2,000,000) for a Governorship aspirant; and
7. Five Million Naira (NS,OOO,OOO) for a Presidential aspirant’.

5. Promoting the inclusion of women, youth and persons living with disability in politics: to achieve a significant representation of women, youth, and persons living with disabilities in politics, political parties shall include these groups in the list of candidates they seek to sponsor in an election.

Section 31(7) of the Electoral Act, 2010 should be amended by inserting a new subsection (2) to read: Every political party shall include women, youth, and persons living with disabilities in the list of candidates it seeks to sponsor in an election. Provided that not more than two-third of the candidates shall be the same gender.’

Section 87 of the Electoral Act, 2010 should be amended to ensure that the list of delegates eligible to vote in all party primaries and conventions are made up of not less than 50 percent of any gender.

Section 100 of the Electoral Act, 2010 should be amended to compel public media (broadcast and print) to grant marginalized groups, particularly Women, Youth, and Persons Living with Disabilities (PWDs), special discounted airtime/advert rates during election campaigns.

Section 104 of the Electoral Act, 2010 should be amended to provide that the Chairman and Vice-Chairman are not of the same gender, and the age qualification for the Chairman and Vice-Chairman shall be 25 years.

6. Legitimize the use of Technology in the electoral process through: Electronic
Accreditation of voters: Amend Section 49 (2) of the Electoral Act 2010 to empower
the Independent National Electoral Commission (INEC) to adopt technology
in the accreditation of voters to verify, confirm or authenticate a voter. This
will limit multiple voting and voting by proxy.

Electronic Voting: Section 52 (2) of the Electoral Act 2010 should be amended to adopt electronic voting in the conduct of election by replacing subsection (2) with, 7he Commission may adopt electronic voting or any other method of voting in any election it conducts.’ The introduction of e-voting will enhance the integrity of elections and citizens’ participation.

Electronic Collation and Transmission of Results: Section 65 of the Electoral Act, 2010 should be amended to legitimize electronic collation and transmission election results from the polling units by INEC. It will promote transparency and increase citizens’ trust in the electoral process.

7. Electoral Offences
Section 124 of the Electoral Act, 2010 should be amended to impose stiffer sanctions for bribery and vote-buying: anyone convicted for this offence shall be liable on conviction to a maximum fine of N1,000,000 and 12 months’ imprisonment.’
Section 125(4) of the Electoral Act,2010 should be amended to read “any person acting contrary to the provisions of this section commits an offence and is liable on conviction to a maximum fine of NSOO,OOO.OO or to imprisonment for a term of12 months or both’.
Section 700 (6) of the Electoral Act, 2070 should be retained to ensure penalty for violating the provisions of the section are restricted to the offending entity (the media house).It should not be extended to journalists, broadcasters, and other workers of the media house.

8. Conduct of Security Personnelon Election Duty – Amend Section 29 Section 29 (3) of the Electoral Act, 2010 should be amended to read: ‘Security personnel deployed for the purposes of the registration of voters or elections shall abide by the Inter-Agency Consultative Committee on Election Security (ICCES) Code of Conduct and Rules of Engagement for security personnel on electoral duty. Any security personnel who violates the Code of Conduct and Rules of Engagement on electoral duty commits an offence and shall be liable on conviction, to a demotion in rank, dismissal, fines, or imprisonment.

9. Early voting for Nigerians on essential election duty:
Section 25 of the Electoral Act, 2010 is amended by inserting a new subsection (3) to read:
‘In an election into any of the offices in subsections (1) and (2) above, the
Commission shall allow a person to apply for and cost a special vote prior to election day, if, on election day, that person cannot vote at a polling unit where they register as a voter because:
• Such a person being a member of an accredited observer group;
• Such a person being accredited media personnel;
• Such a person being on duty as a member of the security agency on duty as it relates to on election; or
• Such a person being on duty as on official of the Election Management Body’

10. Voting Rights for Nigerians in Diaspora:

Section 6 (7) of the Electoral Act 2020 should be amended to read ‘There shall be established in each State of the Federation, Federal Capitol Territory and any Nigerian sovereign territory situated outside of Nigeria which shall include the Nigerian High Commission or Consular offices, on office of the Commission which shall perform such functions as may be assigned to it, from time to time, by the Commission.”

Section 9 (2) of the Electoral Act 2020 should be amended to read:’The Commission shall maintain as part of the National Register of Voters, a register of voters for each State of the Federation and for the Federal Capital Territory and citizens registered within any Nigerian sovereign territory located outside Nigeria’

Section 9 (3) of the Electoral Act 2020 should be amended to read:’The Commission shall maintain as port of the Register of Voters for each State, the Federal Capitol Territory, and each Nigerian sovereign territory, o Register of Voters for each Local Government/Area Council within the State, the Federal Capitol Territory, and specific locations already designated by INEC for diasporans in any Nigerian sovereign territory”;

Section 12 (7)c of the Electoral Act 2020 should be amended to read “is ordinarily resident or works in or originates from the Loco/ Government/Area Council or Word or Nigerian sovereign territory covered by the registration centre.”

Ayo Aluko-Olokun
ADMINISTRATOR
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