Some Key Provisions to Note in Signed Electoral Act Amendment Bill, 2022

President Muhammadu Buhari has finally signed into law the Electoral Act Amendment Bill.

In an earlier report, Dataphyte noted that Mr Buhari has withheld assent to the Electoral Act Amendment Bill a total of 5 times between February 2018 to November 2021. But today, at the Council of Chamber at the Presidential Villa, the President gave assent to the Bill, which many Nigerians believe will give the country hope of a better electoral process.

Here are some key provisions in the Electoral Act Amendment Bill that Mr Buhari signed into law today.

According to Section 3(3) of the Bill, the election funds due to the Commission for any general elections are to be released to the Commission not later than one year before the next general election.

The Commission here refers to the Independent National Electoral Commission (INEC).

Section 8(5) criminalises an act by any individual who misrepresents or fails to disclose his/her membership, affiliation, or connection to any political party in order to secure an appointment with INEC in any capacity.

Section 28 stipulates that INEC shall not later than 360 days before the day appointed for holding an election issue a notice of election, stating the date and place at which nomination papers are to be delivered. 

Section 29(1) also makes it a law for political parties to conduct their primaries and submit the list of candidates at least 180 days before the general elections. The list of candidates submitted must emerge from valid primaries conducted by the political party. 

According to Section 33 of the Bill, political parties are not allowed to change or substitute a candidate whose name has been submitted to the Commission. The only ground which the Bill allows for such to happen is if the candidate dies.

In instances where such happens, Section 34 allows the political parties power to conduct a primary election to replace the deceased candidate who died during an election.

Although the Regulations and Guidelines adopted by INEC prior to the 2019 general election allow the Commission to accredit voters electronically, Section 47 of the Bill legalises the use of a smart card reader and other technological devices that are deployed by INEC.

Section 50 of the Bill allows INEC to determine the procedure for voting at an election as well as the transmission of results; either electronically or manually.

The period of campaigning in public by political parties is now set to commence 150 days before polling day and end 24 hours prior to the day. This is according to Section 94(1) of the Bill. 

Section 51(2) of the Bill empowers the Presiding Officer at a polling unit to cancel the results of the election in the polling unit where the number of vote casts surpasses the number of accredited voters in the polling units.

Section 54(2) stipulates that INEC should take reasonable steps to ensure that persons with disabilities (PWD), special needs, and vulnerable persons are assisted at the polling place. 

Section 64(9) of the Bill criminalises any act of false collation and announcement of results by a returning or collation officer. If a returning or collation officer intentionally collates and announces a false result, such a person commits an offence which is liable on conviction to a fine of N500,000 or imprisonment for a term of at least 3 years or both.

In instances where INEC determines that such act (declaration of result) was not done voluntarily (i.e. under duress) or made contrary to the provisions of the law, regulations, guidelines, and manuals for the election, Section 65 gives INEC the power to review such results.