ELECTORAL ACT 2010
AMENDEMNT: MATTERS ARISING
The National Assembly,
if they fulfil their promise will in the next few days pass the 2021 Electoral
Bill which seeks to repeal the 2010 Electoral Act as amended. Into an Act of
Parliament if signed by the President. However, there are fears that the provisions
envisaged by the citizens and expectations thereof may be dashed by some
provisions in this Bill by the National Assembly. Laws are made in the interest
and benefit of the people and not for those in power.
The Bill has made
provisions for Election Funds for INEC to be released to the EMB not later than
one year before the next general elections. There is also provision for
electronic voting. Each political party in consultation with their candidates
will be mandated to submit the names, address and contact details of their
polling agents accompanied by two passport photographs and a sample signature
of that agent to be submitted at least 14 days before the election and this
will be in writing to the Resident Electoral Commission.
The Centre for
Transparency Advocacy is concerned with the rising agitation that the National
Assembly is set to pass the amended Electoral Bil without the inputs made by
citizens that meets the aspirations towards a free, fair, and credible
elections in Nigeria. The alarm raised by the civil society and concerned
Nigerians is justified based on the penchant of our elected representatives to
represent their personal instead of our collective interests.
The following are our
concerns.
1.
Non transmission of results by
electronic means
2.
Powers of the Returning Officers to
declare results.
3.
Election campaign expenses
NON TRANSMITION OF
RESULTS BY ELECTRONIC MEANS
Section 50 (2) Voting
at an election under this Bill shall be in accordance with the procedure
determined by the Commission, which may include electronic voting PROVIDED that
the Commission shall not transmit results of elections by electronic means (this
section was part of section 52 of the 2010 Act as amended)
CONCERNS
While there is an
improvement in the new provision by allowing INEC to conduct electronic voting,
however, the provision not to transmit the same result electronicallynegates.
1.
the gains made from the Edo and Ondo States
governorship elections and other bye or rerun elections thereafter. The use of
the INEC election result portal was plausible and therefore increased citizens
confidence in the electoral process and integrity of results.
2.
The cost of manual collation as was
raised during the public hearing would be reduced drastically by the
transmission of results electronically.
B
DECISION AND POWERS OF
THE RETURNING OFFICER ON BALLOT PAPERS
Section 65 (1) The
decision of the Returning Officer shall be final from any question arising from
or relating to
1.
Unmarked ballot paper,
2.
Rejected ballot paper,
3.
Declaration of scores of candidates and
the return of a candidate
(2). A decision of the
Returning officer under subsection (1) may be reviewed by Election Tribunal or
Court of competent jurisdiction in an election petition proceeding under this
Bill.
CONCERNS
1.
This provision stripes INEC of the
powers to intervene in the process of result declaration in cases where results
are declared through duress or any other fraudulent manner.
2.
In our opinion, INEC should be allowed
to review declarations of results that negates free, and fair process.
3.
In a situation where politicians force
returning officers or where corrupt returning officers declare results that
lack transparency and integrity does not augur well with our democracy and
credible elections in Nigeria.
C
ELECTION CAMPAIGN
EXPENSES
(2) The maximum
election expenses to be incurred by a candidate at a Presidential election
shall not exceed 15,000,000,000.00
(3) The maximum amount
of election expenses to be incurred by a candidate in respect of governorship election
shall not exceed 5,000,000.00
(4) The maximum
election expenses to be incurred by a candidate in respect of senatorial and
House of Representatives shall not exceed 1,500,000.00 and 500,000,000.00
respectively.
(5) In the case of
State Assembly election, the maximum amount of election expenses to be incurred
by a candidate shall not exceed 50,000,000.00
(6) In the case of a
chairmanship election to an Area Council, the maximum amount of election
expenses to be incurred by a candidate shall not exceed 50,000,000.00
CONCERNS
1.
We are concerned that the National
Assembly is set to increase election expenses especially the presidential
election expenses by 1500 percent even though citizens wish is that the initial
one billion naira be reduced so as to have affordable campaigns.
2.
Effectively, women and young persons are
disenfranchised as the campaigns are highly monetized and affordable to only
the rich.
3.
This provision will inadvertently
promote vote trading during elections.
We are worried that the
National Assembly seems to be more interested in reforms that will benefit them
insteadof improving our elections and the integrity of the electoral process
across the entire electoral value chain. The members of the National Assembly
are accountable to Nigerians and therefore, the aspirations and wishes of
Nigerians must subsume any parochial or selfish interest. The National Assembly
must not be seen as sabotaging the efforts of the Election Management Board by
making laws that are retrogressive, unproductive, negative and retards the
growth of Democracy.
The Centre for
Transparency Advocacy are in support of having a strong INEC that will conduct
a free, fair, and credible elections that will stand the tastes of time.
We equally, call on
citizens, patriots, the civil society, students, religious and traditional
leaders to prevail on the National Assembly to do the wishes of the people.
Faith Nwadishi
Executive Director, CTA
