BEYOND THE 2022 ELECTORAL ACT

The new act will help restore the confidence of Nigerians in the ballot box. But there are other serious tests

Much to the relief of an anxious nation and the international community, President Muhammadu Buhari on Friday signed into law the Electoral Act Repeal and Reenactment Bill. With relevant provisions to guarantee credible and peaceful electoral process, we welcome this development. As a follow-up, the Independent National Electoral Commission (INEC) yesterday adjusted its timetable for the 2023 general election. Under the law, according to INEC chairman, Mahmood Yakubu, “there are critical time-bound activities from the publication of Notice of Election to the Conduct of Polls which form the Timetable and Schedule of Activities for elections.”

Now that INEC has released the timetable, all stakeholders must work to ensure that the rules and regulations governing the election are upheld. The political parties particularly have a responsibility of ensuring that internal democracy is upheld and that every candidate for the forthcoming general election emerges on merit after a transparent process devoid of any form of manipulation. That is the only way to grow democracy in Nigeria.

Meanwhile, there is great optimism that the law will help to restore the confidence of Nigerians in the ballot box. Apart from Section 50, which now gives legal backing for electronic transmission of election results, Section 29 (1) provides that political parties must submit their lists of candidates not less than 180 days (six months) before the general election. This will offer INEC adequate time to prepare, while also allowing political parties, aspirants, and the courts to settle all disputes arising from primary elections. This will in turn lessen INEC’s logistical challenges.

Other significant breakthroughs include the empowerment of INEC to review results declared under duress, release of funds for a general election by at least a year to the election, determination of over-voting by tribunals based on total number of accredited voters instead of the number of registered voters, legal backing for smart card readers and other voter accreditation technologies, conduct of primary by political parties to replace candidates that died during an election, early start of campaigns, and provision to cater for people with disabilities and special needs.

However, in signing the bill into law, President Buhari raised strong objections to Section 84, which requires persons holding political offices as ministers, commissioners, special advisers, among others, to resign their appointment to be eligible to participate in the electoral process, whether as candidates or as delegates. We fail to understand the basis of the presidential objection. The clause in contention has been in operation by practice for long. Governors have always compelled political appointees interested in elective offices to resign long before primaries. Many ministers have also had to resign to contest for elective offices. Besides, section 84 (12) is substantially not different from the old section 87 (8) of the 2012 Electoral Act that has been in operation for the past 12 years.

Since the conduct of free and fair elections starts with providing a level playing ground for all contestants, we believe that the National Assembly made this provision in the Electoral Act to ensure that no one enjoys undue advantage over others. For instance, a retinue of aides already gives a president or governor seeking re-election undue advantage over other contestants. Such an important provision should therefore not be sacrificed because of the narrow and selfish interest of a few influential persons in government. When they review that clause, we hope the decision of the federal lawmakers will be guided only by the National Interest.

Overall, we commend the National Assembly and President Buhari for the electoral act 2022, but we make haste to add that an improved electoral system does not only rest on laws. It is good that INEC and many stakeholders have invested a lot of time and energy in getting the electoral act passed. But the success of the 2023 general election will depend not only on the enabling law but also the conduct of INEC officials. Given the political history of the country, electoral reforms will be meaningless if they are not driven by transparent umpire that is accountable to the people, and not the government in power.