AS part of the amendment of the Electoral Act, the Senate yesterday resolved that fresh primary election should be held within 14 days to replace a presidential or governorship candidate, who dies before the announcement of the result of the election.
The resolution might have laid to rest the controversy over who succeeds a dead presidential or governorship candidate, who dies before the announcement of the result of an election.
The upper chamber also adopted the proposal that the Independent National Electoral Commission (INEC) shall suspend the conduct of a new election for 21 days when the death of a candidate is recorded after the commencement of an election and before the announcement of result.
The new provisions were provoked by the sudden death of the governorship candidate of the All Progressives Congress (APC), Abubakar Audu, at the November 21, 2015 governorship election in Kogi State.
Audu died before the announcement of the election result.
The development generated legal tussle, which was contested from the high court to the Supreme Court as Audu’s running mate, James Faleke, insisted the he was the right person to inherit the votes of the deceased principal.
Following the lacuna, a new Section 3 (a-c) has been inserted into the proposed Electoral Act which provides:
“If after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, (a ) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days; (b) the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate; and (c) subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and declare a winner.”
The new bill also provides a legal backing for the use of manual voting in situations where card readers malfunction during election.
Although the manual option has always been adopted as an alternative to the malfunctioning of card readers, the new provision is meant to make the action legally valid.
The card reader, which is mainly used for accreditation of voters, the amendment provides that once the presiding officer at the election is convinced that the intending voter is the owner of the voter card, he should go ahead to accredit him.
The Senate did not pass the bill yesterday because it did not conclude its clause-by-clause consideration.
The bill was deferred for further consideration next week.
Senate President Bukola Saraki pleaded with his colleagues to read the remaining provisions of the bill to ensure its seamless passage.