THE NEW ELECTORAL ACT: WHAT EVERY CITIZEN SHOULD KNOW
One of the most important aspects of a democratic country is free and fair elections. Nigeria has worked to improve its election system throughout the years. President Buhari signed the Electoral Bill into law in February 2022 after significant consideration. This was a significant accomplishment for a country plagued by numerous sorts of electoral fraud. However, many people may be wondering what makes this updated electoral act different from the previous one. What are the new modifications? Will it have an impact on how our elections are run? Many individuals have long believed that their votes don’t matter and that the electoral process is rigged in some way. All of the above complaints are valid. However, our democracy is still developing. This electoral act demonstrates that we are no longer where we were a decade ago. As we prepare for the forthcoming elections, here are some of the significant changes to the Electoral Act that every citizen should be aware of.
The existence of a centralized electronic voter database
The new Electoral Act authorizes INEC to store the Register of Voters at its National Headquarters and other places, as long as it is kept in both digital and manual form. The former electoral act never specified if the register was kept in both digital and manual format. However, an electronic database is a positive step forward. It will let INEC keep track of its progress and get an accurate count of how many people are registered to vote in the country.
Improvements in Technology
INEC has repeatedly stated that it is prepared to conduct elections using more advanced technology. Although smart card readers were implemented in 2015, the results were still compiled and transmitted manually. Section 50 (2) empowers INEC to determine the voting and election result transmission procedures. There are four stages to electronic voting and the transmission of results. Electronic registration (in which every registered voter’s name is stored in a database), electronic accreditation, electronic balloting employing smart card readers, and electronic transmission of results. The electronic transmission of results includes transmitting data from the polling unit to the data centre, as well as electronic additions. As a result, there will be less concern about presiding officers manipulating results once they leave the polling station. You can read more about INEC’s readiness for electronic voting here.
Overvoting is being tracked.
The Nigerian election system has several issues, one of which is overvoting. Some registered voters do not show up for accreditation or to vote on election day in the majority of situations. This could be attributed to INEC employees’ delays or a general lack of enthusiasm in the process. To inflate the statistics, party agents collaborate with INEC officials. They reasoned that as long as they didn’t surpass the number of registered voters, they were safe. This was addressed in the new electoral laws. The Presiding Officer shall annul the election result in any polling unit when the number of votes cast exceeds the number of accredited voters in that polling unit, according to Section 51 (2) of the electoral act. Accreditation will almost certainly be done digitally. As a result, once a voter is accredited, the INEC database would be updated. If the number of votes cast in a polling unit is greater than the number of people who are allowed to vote, the result will be thrown out.
Campaigns and rallies have been given more time.
Political parties can begin campaigning 150 days before election day and stop 24 hours before election day, according to the new electoral act. This differs from the previous electoral act, which stipulated 90 days. As a result, politicians have more time to travel around the country and inform the public about their plans.
Early Party Primaries
Section 29(1) of the Electoral Act mandates that all political parties submit the candidates they seek to support for the elections to INEC no later than 180 days before the general elections. Political parties could submit their candidate lists 60 days before the general election under the previous electoral act. As a result, political parties are in a position to ensure that the primary elections are held on schedule. It could also be a good idea to weed out candidates who fail in the primary elections, giving voters plenty of time to concentrate on the few people who emerge successful.
Political appointees are not allowed to serve as delegates.
Political appointees are not allowed to vote or be voted for by political parties under the new electoral act. No political appointee at any level shall be a voting delegate or be voted for at any political party’s convention or congress for the nomination of candidates for any election, according to Section 84 (12) of the new Act. Any political appointee who expresses an interest in running for office must first resign from their current position before running. This is a positive step since it bans political appointees from using ministry, department, and agency resources to influence the political process. However, this part of the electoral act has been a source of disagreement between the Executive and the Legislature.
Statutory delegates are not allowed to vote in primaries.
According to Section 84(8), “A party that uses the indirect primary system to choose its candidate shall clearly explain in its constitution and rules the procedure for democratically electing delegates to vote at the convention, congress, or meeting.” Only delegates chosen in the ward or by the local government congress can vote. As a result, people who are considered automatic delegates (elected political leaders) are not eligible to vote at the primary level. The National Assembly tried to make a last-minute amendment to this section but it never got signed by the executive before the primaries. This section has also been criticized by former President Goodluck Jonathan who called on the National Assembly to wipe it out completely.
A Candidate’s Death
If a candidate dies before the general election, the election will be postponed and will take place 14 days following the individual’s death. The election will be delayed for no more than twenty-one days if a candidate dies after the polls but before the final result is announced. If the election is for a legislative house post, the election will be restarted, and the political party to which the individual belongs must offer a candidate within 14 days if it chooses to participate. In elections for governor, president, and the Abuja Area Council, the running mate takes over and chooses a new running mate to continue the campaign.
So, what’s next?
The Electoral Act, while not flawless, contains several significant adjustments that are important for the democratic system to thrive. I’m pleased by the system’s technological advancements. Also, I’m interested in seeing how the adjustments in the area of overvoting turn out. INEC still has a lot of work ahead of it. They must ensure that the smart card readers function properly on election day. In addition, the electoral act gives INEC the right to decide on the voting and result transmission procedures. INEC, for one, feels it is prepared to hold a free and fair election. However, one aspect of the electoral system that is lacking in Nigeria is the way and manner in which the delegate system operates. The just-concluded primary elections by the main political parties demonstrate how the political elite are willing to go to great lengths financially to gain power. Instead of debating the genuine issues, the ticket is sold to the highest bidder and other deals are made behind the scene. The election legislation should be changed to include provisions prohibiting the financial bribery of party delegates. If at all possible, a sentence to prison should be added to this. With gubernatorial elections in Ekiti and Osun states on the horizon, we will be able to see how the electoral act affects the electoral system.
