By Dr. Idorenyin Eyo

Nigeria’s new Electoral Act is the Electoral Act of 2022. This Act repeals the Electoral Act of 2010. Some innovations include, but are not limited to the following :-

1. According to Section 3 of the Act, election funds due to the Independent National Electoral Commission (INEC), for any general elections are to be released to the Commission, not later than one year before the next general election. We hope that the funds will be well utilized for credible elections.

2. Section 84 (12) of the Act, clearly states that no political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election. Any person who wants to participate in a primary election, either as a candidate or as a delegate, must vacate the political position he or she occupies. There are court judgments in favour of this.

3. Deaths of candidates can disrupt elections. To cater for these, Section 34 of the Act states that if a candidate dies before the commencement of polls the election shall be postponed and shall commence within 14 days of the candidate’s death. If the death occurs after polls, but before final result and final winner is announced, the election will be suspended for not more than 21 days. Legislative houses’ elections will start afresh. The party must do so within 14 days of such death and send the name of the new candidate to INEC. In gubernatorial, presidential and FCT area council elections, the running mate will stand elections as the primary candidate, and a new running mate will be chosen.

4. The New Act encourages early Party Primaries by stating that political parties should, within 180 days submit to INEC, the full list of candidates at least 180 days before the general elections. This Is geared towards encouraging early primaries. The repealed Act stipulated 60 days for this. Sadly, some recent primaries have been bedeviled by controversies, fraud, rancor and illegal substitutions, with with pending law suits.

5. To facilitate certainty in the identity of candidacy of political parties before elections, Section 29(1) of the Act, states that political parties should, not later than 180 days before the date appointed for a general election, submit the list of the candidates who were successful at the valid primaries conducted by their parties. Presently, there are several cases in courts by candidates to establish or refute the propriety of some candidates.

6. The new Electoral Act has also extended time within which political parties can campaign. According to Sections 94, 99 etc, it now provides that the period of campaigning by every political party shall commence 150 days before polling day and end 24 hours prior to that day of elections. There has been complaints that this period is too long as same leads to overspending during campaigns, corruption, unhealthy party intrigues etc.

7. On the conduct of elections proper, Sections 47, 48, 49 and 50 of the Electoral Act, 2022 have empowered INEC to use smart card readers, electronic accreditation of voters and any other voter accreditation technology that INEC deems necessary for credible elections. It guarantees the electronic transmission of result and the manner that same should be. INEC is also to maintain an electronic register of elections for e-collation, according to Section 62. It is my opinion that there is need to ensure transparency and credibility in the use of these, as there are already fears by people concerning the 2023 forthcoming elections.

8. To cater for the special needs of people with disabilities, Section 54 of the Electoral Act, 2022, provides that voters who are visually impaired, or have other forms of disability must be assisted by a person of their choice, at the polling units. It also places a duty on INEC to ensure that these persons are adequately assisted to ensure independent and convenient exercise of their franchise. This may include use of braille, electronic devices, sign language interpretation, etc. It is hoped that INEC will facilitate this inclusivity.

9. By the provisions of Section 29(5) of the Electoral Act 2022 , only aspirants who have taken part in a primary election of political parties institute law suits in a Court, to review any false information given by a candidate, including forged certificates. In the repealed Act, members of the public could challenge a candidate that submits false documents and information to INEC, in court. It is my opinion that this is too restrictive of locus standi.

10. Furthermore, Section 51 Electoral Act, 2022 stipulates on over-voting. It states where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the presiding officer shall cancel the result of the election in that polling unit. This is different from the number of accredited voters that was earlier used to determine over-voting, in the repealed Act. Also INEC can declare the election at the polling unit as null and void. One hopes that this does not derode on the powers of the courts.

11. It is also important to note that by the provisions of Section 65 of the Act, 2022, INEC has not more than 7 days, to review results declared by a returning officer, same which was made under duress or illegally. However, a court of competent jurisdiction or election tribunal can review the decision of the said returning officer.

The Electoral Act is not devoid of inadequacies, but same is needful for sustainable democracy in Nigeria. Nigeria and Nigerians must get it right in 2023. It is paramount that we vote in credible and upright leaders, to save Nigeria, despite party affiliations.

Dr Idorenyin Eyo