In 2015, Nigeria experienced the first peaceful transfer of power since independence in 1960 from a ruling party to an opposition party. The 2015 polls were a marked improvement in election administration and transparency over previous elections. Although there were shortcomings, the overall success of the elections underscored for Nigerians that credible elections matter. This sentiment was captured in an Afrobarometer survey in 2017 that showed that 72 percent of Nigerians agreed that democratic elections are the best means of choosing the country’s leaders.
After the 2011 and 2015 Nigeria’s general elections, stakeholders identified areas where additional reforms were needed. As a result, between 2016 and 2018, the National Assembly approved four versions of a bill to amend the Electoral Act. Regrettably, President Muhammadu Buhari withheld his assent to each version of the bill on the 6th of December, 2018, and ultimately citing the proximity to the elections and the short time The Independent National Electoral Commission (INEC) would have to implement reforms. The president’s last rejection delayed the release of INEC’s election guidelines.
The President said he was withholding his assent because he is “concerned that passing a new electoral bill this far into the electoral process for the 2019 general elections which commenced under the 2015 Electoral Act, could create some uncertainty about the applicable legislation to govern the process. Any real or apparent change to the rules this close to the election may provide an opportunity for disruption and confusion in respect of which law governs the electoral process”.
Other legal reforms to the electoral process recommended by Nigerian civil society were unrealized before the 2019 elections, including creating appropriate institutions to oversee political parties, prosecute electoral offenses, responsibilities that currently impede INEC’s focus on administering elections and Diaspora Voting; Section 77 (2) of the Principal Act in the 1999 constitution (as amended).
What is the Electoral Act Amendment Bill and Electoral Act?
Basically, is the bill seeking to amend the electoral laws of Nigeria, otherwise known as the Electoral Act. On the other hand, the Electoral Act is a piece of legislation that guides how Nigeria conducts its elections. The Electoral Act also guides how the Independent National Electoral Commission (INEC) handles its operations and how members of her staff and ad-hoc staff go about the business of conducting elections for States and the federal government.
History of the Electoral Act Amendment Bill:
“We started work on this law in 2016 to prevent a situation where it would become part of the election controversies. What we have done with that bill is to raise the level of transparency, credibility and acceptability of our electoral process” -Distinguished Senator, Bukola Saraki (8th National Assembly President). Presently, Nigeria is in her 9th National Assembly.
He further said “We made sure that if the law is assented to and honestly applied by INEC and all those concerned, it will give us an election that will be better than what we had in 2015".
In a letter addressed to the national assembly on the 6th of December, 2018, President Buhari said “In pursuant to Section 54 (4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the House of Representative my decision to decline Precedential Accent to the Electoral (Amendment) Bill 2018 recently passed by the National Assembly”.
He further said he was withholding his assent because he is “concerned that passing a new electoral bill this far into the electoral process for the 2019 general elections which commenced under the 2015 Electoral Act, could create some uncertainty about the applicable legislation to govern the process. Any real or apparent change to the rules this close to the election may provide an opportunity for disruption and confusion in respect of which law governs the electoral process”.
The amendments would have codified important improvements in the electoral process, based on the fact that the bill contains new provision for digitalization of the electoral process; making the voter register and election results electronic and publicly accessible. Some of the proposed provisions include, imposing higher fines on media houses not providing equal air-time to competing political parties, capping the nomination fees that political parties’ charge candidates, and extending the application of the Electoral Act to local government elections.
The Status of the Electoral Act Amendment Bill:
The Electoral Act (Amendment) Bill passed by the National Assembly and declined by the President on the 6th of December, 2018, was re-introduced in the National Assembly in July 2020 by Honorable Aishatu Jibril Dukku, Chairman House Committee on Electoral Matters.
The leadership and joint committee of the National Assembly on Electoral Matters have failed to meet two dates and deadlines (December 20th, 2020 and March 11th, 2021) set for the passage of the Bill. For that reason, Nigerians and representatives of Coalition of Civil Society Organizations, including some politicians are worried that the National Assembly is yet to pass the Electoral Act Amendment Bill despite several demands and engagements in the last 16 months.
Two protests have been carried out at the complex of the National Assembly demanding the passage of the Electoral Act Amendment Bill. On the 27th of April, 2021, a coalition of 14 civil society organizations (CSOs) protested against the failure of the National Assembly to conclude and transmit the Electoral Act Amazement Bill to President Muhammadu Buhari for assent. Similar protest was also carried out on Wednesday 19th May, 2021 at the National Assembly to demand for the passage of the Electoral Act Amendment Bill into law.
Specifics Alterations and Provisions of the Electoral Act Amendment Bill:
The legislation entitled, “A Bill for an Act to Repeal the Electoral Act N0.6, 2010 (as amended 2015) and enact the Independence National Electoral Commission Act 2020, to regulate Conduct of Federal, State and Area Council Elections and for related matters,” was sponsored by Hon. Aishatu Jibril Dukku.
Hence, the bill sought to address many loopholes in the electoral system by amending over 300 clauses in the Electoral Act 2010, including new provisions. These amendments include observations by Mr. President on the 6th of December, 2018 when he refused assent to the fourth version of the Electoral Act Amendment Bill 2018 due to typographical errors and draft proposal from the Independence National electoral Commission (INEC).
The Bill also seeks to reduce excessive campaign expenses, ensure the strict use of the card readers, ban on substitution of candidates by political parties, and late releases of polling funds to the Independence National Electoral Commission (INEC) ahead of the 2023 general elections. The amendments also contain, altering section 68, which gives unquestioning powers to the Returning Officer to declare results for an election even where such Returning Officer may have done so dubiously or as a result of coercion.
Also, Under Oath of Neutrality by Election Officers, section 28 (1) is amended as follows ‘’All Staff, Electoral Officers, Presiding Officers, Returning Officers, Security Officers and Staff taking part in the conduct of an election shall affirm or swear to the Oath of loyalty and Neutrality indicating that they will not accept bribe or gratification from any person, and shall perform their functions and duties impartially and in the interest of the Federal Republic of Nigeria without fear or favor.
Section 85 (1) under over Voting is amended as, ‘’Where the votes cast at an election in any polling units exceed the number of accredited voters in that, the result of the for that polling unit shall be declared null and void by the Commission and another election conducted at the date to be announced by the Commission, where the result at that polling unit may affect the overall result in the Constituency.’’
Conclusion
The 2023 general elections are less than 2 years, therefore the agitations and demands for the passage of the Electoral Act (Amendment) Bill reflect more on the will of the citizens, which will eventually rekindle their hope in democracy. So it is imperative for the public to demand the passage and transmitting of the bill for assent by the National Assembly. Because, the campaign to have the Electoral Act amended to give credibility to electoral process and outcomes is indeed critical to Nigeria’s democracy.
Adaje, Obiabo Sunday
Email: sunnydaje@yahoo.com
Twitter: @AdajeObiaboSund
Sikika Afrika Initiative, Nigeria.
