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INTRODUCTION
The Electoral Act, 2010 Cap E6 repealed the Electoral Act, No. 2 of 2006 and the
National Electoral Commission Act, Cap. 15 LFN 2004, to regulate the conduct of
Federal, State and Area Council elections and for related matter. Section 153 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 1 of
the Electoral Act 2010 establishes the Independent National Electoral Commission.
The Electoral Act and to some extent, the Rules of the Independent National Electoral
Commission guide the agency as to its functions and conduct of elections in Nigeria.
The objective of the Senates Agenda on Electoral Reform is to update, clarify and
strengthen our electoral laws so that they can respond adequately to current and
evolving realities and challenges in the national socio-political space. Needless to say
that comprehensive Electoral Reform will help INEC to deliver greater efficiencies
and lead to transparent, credible and generally acceptable electoral outcome. The Bill
passed by the Senate was seen as a great step to electoral reforms with aim of
ensuring free, fair and credible elections. The Bill is technologically oriented and
provides for sophistication in electronic use. The Bill provides for full biometric
accreditation of voters with Smart Card Readers and/or other technological devices,
as INEC may introduce for elections from time to time. The amendments followed the
adoption of the report of the alteration of the existing electoral law, Electoral Act
2010, by the Senate committee on INEC, and subsequently, the passage of the
amended Bill.
Clause 2 (section 2 of SB. 234) amends Section 8 of the Electoral Act by inserting a
new subsection "(5)" which prescribes imprisonment of at least five (5) years or a fine
(section 3 of SB. 234) amends Section 36 of the Electoral Act by inserting a new
subsection "(3)" which provides for the substitution of a candidate of a political party
who dies before the declaration of the result of an election with the first runner up in
the partys primaries (which was won by the deceased candidate). Clause 7 (Section 4
of SB. 234) on the amendment of Section 38 of the Electoral Act was deleted, as it is
in conflict with sections 132(3) and 178(3) of the Constitution. Clause 10 (Section 2
of SB. 231) amends section 49 of the Electoral Act with regards to the use of Smart
Card Readers and other technological devices for elections by INEC. Clause 17
(Section 5 of SB. 234) amends subsection 78(5) of the Electoral Act with regards to
provision of the false and misleading information by an Association to INEC for the
section 87 of the Electoral Act by substituting for the existing section, a new section
subsection (1) a new subsection 1A which grounds the electronic format of the
Register of Voters in law and subsection (5) which gives the Commission enough
time to concentrate on other issues relating to a general election - having updated and
revised the register of voters 60 days before the election. Section 15 of the Principal
Act is amended by inserting after the word "printed" in line 1, the expression "or
grounds application for certified electronic copies of the register in law because it
registered voters who may be absent from their areas of registration but who intend to
vote at an election, to check online for their names on the voters register, from
wherever they may be. After subsection (1), a new subsection (1A) is added which
provides that Upon displaying or publishing the voters register in accordance with
this section, the Commission shall accept and consider objections and complaints in
relation to the names omitted or included in the voters register or in relation to any
with this section; inserting after subsection (3), a new subsection "(4)" which
provides that failure to display or publish the voters register as provided under
subsection (1) of this section shall constitute an offence for which any official or staff
of the Commission responsible for such a default shall be guilty and liable on
of the Principal Act is amended by deleting the words "or the Resident Electoral
Commissioner" in line 2/3 of subsection (1). The justification was to remove the
ambiguity on whom the duty lies to act in the circumstances stated. And after
subsection (2), a new subsection "(3)", as follows "(3) if after the commencement of
poll and before the announcement of the final result and declaration of winner, a
nominated candidate dies, the Chief National Electoral Commissioner shall, proceed
with the election after allowing the Political Party whose candidate died to substitute
the late candidate with the person who scored the next highest number of lawful votes
in the primaries, which was won by the deceased candidate, as if the substituted
person was the candidate originally nominated by that party." The new insertion of
this section fills a lacuna in the law which was recently made manifest in Kogi State
where a candidate died before the final result of the governorship election was
(4), new subsections (4A), (4B), and (4C), as follows: (4A) Polling Agents who
are in attendance at a polling unit, shall be entitled, before the commencement of the
election, to have originals of electoral materials, including ballot papers, result sheets,
ballot papers account and verification documents and other electoral forms to be used
by the commission for the election inspected; and this process may be recorded in
official of the commission. 4B provides that an election conducted at any polling unit
in violation of subsections under the Bill shall be invalid and 4C provides punishment
of (1) year imprisonment or a fine of N1,000,000 or both for a Presiding Officer who
inserting after subsection (2), new subsections (3) (4) and (5) respectively, as
follows: (3) The Commission shall, not later than 20 days to an election, invite in
writing, a political party that nominated a candidate in the election to inspect its
election; and the political party shall state in writing within 2 days of being so invited
samples. (4) Unless the political party disapproves of its identity under subsection (3)
of this section, it shall not complain of unlawful exclusion from the election under this
Act in relation to its identity appearing on electoral materials used for the election. (5)
A political party that fails to comply with an invitation by the commission under
subsection (3) of this section shall be deemed to have approved its identity on samples
of the Principal Act a new Section 49, with the caption Accreditation of Voters,
substitution gives solid legal footing and clarity to the Commissions introduction of
Smart Card Readers for accreditation of voters during elections, it also makes room
the future; also it makes allowance for the likelihood of failure of Card Readers and
also it makes it almost impossible for people to vote outside polling units where they
are registered to vote; finally it provides for sanctions for violating the sanctity of the
accreditation process. Section 52 of the principal Act is amended by: (a) substituting
for subsection (2), a new subsection (2), which provides (2) The commission shall
adopt electronic voting in all elections or any other method of voting as may be
voting without ambiguity, but also gives the commission discretion to use other
Principal Act is amended by (a) substituting for subsection (4), a new subsection (4)
custody in relation to electronic evidence under section 84 and 258 of the Evidence
Act, 2011. Substitution for Section 87 of the Principal Act, a new Section "87" for
seeking to nominate candidates for elections under this Act shall hold direct primaries
for aspirants to all elective positions, which shall be monitored and supervised by the
nomination fees on political aspirants. The Bill passed prescribes limits for each
elective office as follows: (a) One Hundred and Fifty Thousand Naira (N150,000) for
a Ward Councillorship aspirant in the FCT; (b) Two Hundred and Fifty Thousand
Naira (N250,000) for an Area Council Chairmanship aspirant in the FCT; (c) Five
Hundred Thousand Naira (N500,000) for a House of Assembly aspirant; (d) One
Million Naira (N1,000,000) for a House of Representatives aspirant; (e) Two Million
Naira (N2,000,000) for a Senatorial aspirant; (f) Five Million naira (N5,000,000) for a
Governorship aspirant; and (g) Ten Million Naira (N10,000,000) for a Presidential
aspirant. Section 140 of the Principal Act is amended and worthy of note is subsection
(4) of the Bill which is sound in that no winner can reasonably emerge from an
(4) provides that "no election petition filed with constitutional time shall be defeated
or struck out on any technical ground but the Tribunal or Court shall hear and
determine the petition on the merits on the basis of evidence led and not otherwise"
CONCLUSION
From the major amendments of some cardinal provisions to the new laudable
definition section, the Bill no doubt seeks to make provisions for the restriction of the
qualification for elective office to relevant provisions of the Constitution; use of Card
Readers and other technological devices in elections; and other related matters. And,
history of Nigeria. The amendments proposed in the Bill are ground-breaking and
nothing short of innovation; needless to say, that the world is now a global village and
especially using electronic gadgets to help give a better, efficient and effective means
Representatives for concurrence and after which will be sent to the President for his
assent, the Bill should not be delayed any further, especially as it regards giving
assent to it. Situations as have been experienced in the past where amendments would
be assented to few days before general elections should never be expected. However,
the brief contents of the Bill as enumerated above are by no means exhaustive, as