- Electronic transfer of results, BVAS use may be legalised
The Senate moved swiftly yesterday to accelerate the passage of the Bill to amend the Electoral Act 2022.
The Red Chamber drew flak from a cross-section of Nigerians, who accuse it of deliberately stalling the amendment process.
Yesterday, after an executive session, the Senate constituted a committee to review the proposed amendment.
It gave the panel a 48-hour deadline, after which the document would be ready for clause-by-clause consideration during plenary on Tuesday.
The amendment of the Electoral Act is crucial to the commencement of preparations for next year’s general election.
The Independent National Electoral Commission (INEC) is warming up to issue a notification for the presidential election next month, one year to the date, as stipulated in the extant Electoral Act 2022.
Although the House of Representatives passed amendments to the Electoral Act in December, it remains to be seen whether the Senate will ensure concurrence and harmonisation of grey areas for a clean copy to be transmitted to President Bola Ahmed Tinubu for assent before the end of next month.
The seven-man ad hoc panel set up by the Senate has Senators Adamu Aliero, Aminu Tambuwal, Adams Oshiomhole, Danjuma Goje, Tony Nwoye and Titus Zam as members.
The Clerk to the Senate, Emmanuel Odo, will serve as secretary.
The panel will work with the Senate Committee on Judiciary and Legal Matters to re-examine contentious provisions in the report on amendments to the Electoral Act 2022.
The Judiciary and Legal Matters Committee is chaired by Senator Adeniyi Adegbonmire.
The House of Representatives passed its own version of the Electoral Act amendment in December.
In it, a 10-year jail term is recommended for forgery of nomination papers and result sheets.
The Judiciary and Legal Matters Committee, which is expected to work with the ad hoc panel, is chaired by Senator Adeniyi Adegbonmire.
The original report under review was prepared by the Senate Committee on Electoral Matters, led by Senator Simon Lalong.
Senate President Godswill Akpabio announced the decision to further scrutinise the bill after lawmakers emerged from a three-hour closed-door session where they undertook an extensive review of the Lalong committee’s report.
The report had initially been scheduled for debate on Wednesday, but deliberation was stepped down due to the absence of Lalong at plenary.
After the closed session, Akpabio said the report would undergo further scrutiny to harmonise contrasting views and address grey areas identified during deliberations.
He explained that the ad hoc panel would sit for 48 hours and present its recommendations on the third legislative day for consideration at plenary.
Following the announcement, the Senate adjourned plenary until Tuesday to await the panel’s report.
Immediate result upload to IREV mandated
A copy of the report obtained by The Nation shows that top among the amendments to be considered by the ad hoc committee is the provision for the electronic transmission of election results to the INEC Results Viewing Portal (IREV) after collation.
One of the major proposals in the report is a provision mandating INEC to electronically transmit results from polling units to IREV immediately after vote counting.
Also, a new Clause 3 has been introduced on page 45 of the Electoral Act 2022 (Amendment) Bill, 2025, aimed at curbing result manipulation and ballot box snatching.
The proposed provision states: “INEC shall electronically transmit election results from each polling unit to the IREV portal in real time, and such transmission shall be done simultaneously with the physical collation of results.”
The committee further introduced a new subsection (2) to Clause 71, making it an offence for presiding officers who fail to sign and stamp ballot papers and the results announced by them.
Clauses 47(2) and (3) were amended to replace the term “smart card reader” with “Bimodal Voter Accreditation System (BVAS),” in line with current electoral practice.
To address abuse of the voting process involving persons with disabilities, the report amended Clause 54(1) to bar political party agents, candidates or officials from accompanying visually impaired or incapacitated voters into the voting compartment.
Stiffer penalties for vote- buying
The committee also recommended stiffer penalties for vote trading and the buying and selling of Permanent Voter Cards (PVCs), proposing an increase in the fine prescribed in Clause 22 from N500,000 to N5 million.
On page 9 of the report, Clause 10 of the Bill was amended to include a new paragraph – “(c) National Identification Number (NIN)” – to check the registration of illegal immigrants during continuous voter registration.
On the submission of lists of candidates and affidavits by political parties, Clause 29 on page 27 of the report was amended with the inclusion of sub-clauses (7) and (9).
Sub-clause (7) states: “Notwithstanding the provisions of sub-clause (6), where the election has been held, the court shall direct the Commission to declare the candidate with the second highest number of valid votes who satisfies the constitutional requirement as the winner of the election.”
Sub-clause (9) states: “A candidate who does not meet the qualification stipulated in this clause and presents himself to a political party commits an offence and is liable on conviction to a fine of not less than N5,000,000.”
Clause 31 on withdrawal of candidates on page 29 was amended through a redraft of the entire provision to ensure that withdrawals are done by sworn affidavit to check arbitrariness.
On the format of ballot papers on page 35, Clause 42(3) was amended by increasing the number of days within which a party is expected to inspect samples of relevant electoral materials from 20 days to 60 days.
On polling agents on page 36, Clause 43, now Clause 42, was amended to empower candidates to nominate polling agents.
It states: “Each candidate, in consultation with his political party, may by notice in writing addressed to the Resident Electoral Commissioner of the state, appoint a polling agent for each polling unit and collation centre in the Local Government Area or Area Council for which the candidate is contesting.”
On post-election procedures and collation of results, new sub-clauses (3) to (9) were introduced to strengthen the credibility of result collation.
On the decision of returning officers on ballot papers, declaration and return of candidates, the marginal note of Clause 65 was amended, while sub-clause (2) was substituted with new provisions.
For political parties to become corporate bodies, new sub-clauses (2) to (7) were introduced to Section 77 to ensure proper record-keeping of party membership.
On notice of conventions and congresses on page 65, Clause 82(2) was amended to make notices specific.
It states: “The notice shall specify the date, time, venue and names of the members of the congress, convention or conference committee as spelt out in the party’s constitution.”
On indirect primaries, new sub-clauses (2) to (9) were introduced to Clause 87 to ensure broad participation in candidate nominations.
Appointees not eligible as voting delegates
The committee recommended that political appointees should not be eligible as voting delegates or aspirants under Clause 89(3) and (4).
Sub-clause (3) was repealed to state that where a court finds that a political party failed to comply with the provisions of the Bill in conducting its primaries, its candidate shall not be included in the election.
Sub-clause (4) was also repealed to state that any person who financially or materially induces a delegate to influence conventions commits an offence and is liable on conviction to two years’ imprisonment without an option of fine.
On election expenses, Clause 93 was amended to increase spending limits for elective offices, while Clause 94 was amended to enhance financial controls.
On nomination offences under Clause 120(2), the penalty was increased from N50 million to N75 million.
10-year jail term or N75m fine for forgery
In the proposed amendment, the House of Representatives approved a 10-year jail term or a N75 million fine for forging nomination papers or result forms and increased penalties for voter card misuse.
The House, however, rejected a proposed two-year jail term for the inducement of delegates during party primaries.
It approved a provision stating that in cases of over-voting, excess votes should be deducted from all candidates’ scores, while the presiding officer should be prosecuted.
Where election results are disputed, collation officers are to rely on original result sheets, BVAS data and accreditation records to determine accuracy.
A Resident Electoral Commissioner who wilfully denies access to electoral materials commits an offence punishable by two years’ imprisonment without an option of fine.
The House also approved a N50 million administrative fee for associations seeking registration as political parties, with fines for submission of false information.
It further provided that only party members listed in registers submitted to INEC may vote or be voted for in party primaries.
The House stated that no court should entertain suits relating to the internal affairs of political parties, with heavy costs imposed on violators.
Campaign finance limits were increased, with the maximum presidential campaign spending raised to N10 billion, governorship to N3 billion, Senate to N500 million and House of Representatives to N250 million.
