The
Nigerian Senate has finally reviewed the electoral laws of Nigeria
correcting the errors that has been a problem in the past.
The Nigerian Senate
The Senate has passed the Electoral Act No 6 2010 (Amendment) Bill
2017 after much consideration to correct some of the errors observed in
the Act. The amended bill which the Senate passed on March 30, when
signed into law will abolish arbitrary fees for nomination forms fixed
by political parties.
The parties had been in control of the nomination fees, hiking it as they please. But, all that has now been corrected.
President Muhammadu Buhari had in the past claimed that he borrowed
money to pay for his nomination form which cost N25 Million, in the
build up to the 2015 general elections. The Senate has put an end to the
abuse by political parties by putting a N10 Million limit on the forms.
HERE ARE 17 HIGHLIGHTS OF THE BILL AS COMPILED BY DAILYPOST.
– It stipulates that “there shall now be full biometric
accreditation of voters with smart card readers and/or other
technological devices, as INEC may introduce for elections from time to
time”.
– It provides that “presiding officers must now instantly
transmit accreditation data and results from polling units to various
collation centres. Presiding officer who contravene this shall be
imprisoned for at least five years (no option of fine)”.
– It states that “all presiding officer must now first record
accreditation data and polling results on INEC’s prescribed forms before
transmitting them. The data/result recorded must be the same with what
they transmitted”.
– INEC now has unfettered powers to conduct elections by electronic
voting. Besides manual registers, INEC is now mandated to keep
electronic registers of voters.
– INEC is now mandated to publish voters’ registers on its official
website(s) for public scrutiny at least 30 days before a general
election and any INEC staff that is responsible for this but fails to
act as prescribed shall be liable on conviction to six months’
imprisonment.
– INEC is now mandated to keep a national electronic register of
election results as a distinct database or repository of polling unit by
polling unit results for all elections conducted by INEC.
Collation of election result is now mainly electronic, as
transmitted unit results will help to determine final results on real
time basis.
– INEC is now mandated to record details of electoral materials –
quantities, serial numbers used to conduct elections (for proper
tracking).
– A political party whose candidate dies after commencement of an
election and before the declaration of the result of that election now
has a 14-day window to conduct a fresh primary in order for INEC to
conduct a fresh election within 21 days of the death of the party’s
candidate.
- Political parties’ polling agents are now entitled to inspect
originals of electoral materials before commencement of election and any
presiding officer who violates this provision of the law shall be
imprisoned for at least one year.
– No political party can impose qualification/disqualification
criteria, measures or conditions on any Nigerian for the purpose of
nomination for elective offices, except as provided in the 1999
constitution.
– The election of a winner of an election can no longer be
challenged on grounds of qualification, if he, the (winner) satisfied
the applicable requirements of sections 65, 106, 131 or 177 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended), and
he is not, as may be applicable, in breach of sections 66, 107, 137 or
182 of the Constitution of the Federal Republic of Nigeria, 1999. (For
example, a person’s election cannot be challenged on the grounds that he
did not pay tax, as this is not a qualifying condition under the
constitution.)
– All members of political parties are now eligible to determine
the ad-hoc delegates to elect candidates of parties in indirect
primaries. The capacity of party executives to unduly influence or rig
party primaries has been reasonably curtailed, if not totally removed.
Parties can no longer impose arbitrary nomination fees on political
aspirants. The bill passed prescribes limits for each elective office
as follows:
(a) N150, 000 for a ward councillorship aspirant in the FCT;
(b) N250, 000 for an area council chairmanship aspirant in the FCT;
(c) N500, 000 for a house of assembly aspirant;
(d) N1, 000, 000 for a house of representatives aspirant;
(e) N2, 000, 000 for a senatorial aspirant;
(f) N5, 000, 000) for a governorship aspirant; and
(g) N10, 000, 000) for a presidential aspirant.
– Relying on the powers of the national assembly in Paragraph 11 of
Part II (Concurrent Legislative List) of the Second Schedule
(Legislative Powers) to the Constitution of the Federal Republic of
Nigeria, 1999 (as amended), the senate also passed measures reforming
procedures regulating local government elections. State independent
electoral commissions can no longer conduct elections that do not meet
minimum standards of credibility.
Also, any INEC official who disobeys a tribunal order for
inspection of electoral materials shall be imprisoned for two years,
without an option of a fine.
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