Tag: electoral act amendment

• ADC, NNPP, others fault Red chamber

The Senate yesterday defended its passage of the Electoral Acts Amendment Bill.

It also explained that its objection to the real-time uploading of poll results does not amount to the jettisoning of the electronic transmission of results.

Ranking senators, led by Enyinnaya Abaribe, said the report that electronic voting was discarded was false.

Also, the National Assembly set up the conference committees to harmonise the different versions of the bill passed by the Senate and the House of Representatives.

Senate President Godswill Akpabio said the committee was mandated to conclude its assignment this month to enable the National Assembly transmit a harmonised bill to the President for assent.

The House of Representatives passed the  Bill on December 23, last year, while the Senate approved its version two days ago.

A key amendments by the Senate is the reduction of the period for the issuance of the electoral timetable from 360 days to 180 days.

While the House of Representatives approved electronic transmission of results from polling units to the Independent National Electoral Commission (INEC) Result Viewing Portal (IREV) in real time and simultaneously with physical collation, the Senate retained the 2022 framework which allows the Commission to determine the mode of transmission..

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 Akpabio announced the constitution of the Senate Conference Committee, shortly after the Red Chamber passed its version of the Bill.

The committee is expected to reconcile areas of disagreement with the version approved by the House of Representatives.

The Senate committee will be chaired by the Chairman of the Senate Committee on Electoral Matters, Senator Simon Lalong.

Members of the Senate Committee are Senators Adamu Aliero, Adeniyi Adegbomire, Orji Uzor Kalu, Abba Moro, Asuquo Ekpeyong, Aminu Abbas and Tokunbo Abiru.

Also, House of Representatives Spokesman Akin Rotimi said the Green Chamber conference committee will work with the Senate team in harmonising the Bill.

Members of the House committee, led by the Chairman of the House Committee on Electoral Matters, Adebayo Balogun (South West), include Fred Agbedi (South South), Sada Soli (North West), Ahmadu Jaha (North East), Iduma Igariwey Enwo (South East), Saidu Musa Abdullahi (North Central) and Zainab Gimba, representing women.

Criticisms by opposition elements, including former Anambra State Governor Peter Obi, New Nigeria Peoples Party (NNPP) Buba Galadima and African Democratic Congress (ADC), have trailed the Senate’s passage of the bill.

Electronic transmission intact, says Abaribe

Abaribe told reporters in Abuja that the Senate neither voted against electronic transmission nor called for return to manual processes, stressing that the reports along those lines were incorrect and misleading.

He said: “Yesterday (Wednesday), the Senate did not — I repeat — did not pass transfer of results which was in the 2022 Act. What we passed, and which the Senate President himself clarified while sitting on his chair, is transmission of results. And I need to make this very clear.”

Abaribe lamented that the distinction between “transfer” and “transmission” had been wrongly interpreted, fuelling the impression that the Senate had taken Nigeria backwards on electoral reforms.

He said senators were compelled to address the media because the Senate’s action had been misunderstood.

Abaribe said: “We felt that it would be necessary to make a clarification of what happened yesterday, to put the record straight.”

Noting that senators are conscious of the public trust placed on the National Assembly by Nigerians, he added: “Every one of us who is a senator, who has the privilege to represent a senatorial district, came here under the trust of their senatorial districts.

“Each one of us infused in himself or herself a public trust handed to us by Nigerians to do the absolute best for Nigeria.”

Abaribe explained that the provision for electronic transmission of results was not an afterthought but the product of an extensive legislative process involving both chambers of the National Assembly and key stakeholders.

He stressed: “There was a joint committee of both the Senate and the House of Representatives, made up of members of the electoral committees in both chambers.

 “These joint committees had several retreats, both in Abuja and elsewhere, and each of those retreats was done with INEC and civil society organisations.

 “Everyone agreed, and at the end of the retreats, that electronic transmission of results was the way to go. That agreement was reflected in the reports laid before both the House and the Senate.”

Dismissing claims that any clause supporting electronic transmission was removed at any stage of the Senate process, he said: “There was no going backwards,” he said. “As the Senate President reiterated yesterday, we are not going backwards; rather, we are going home.”

He disclosed that after the report of the Senate Committee on Electoral Matters was presented, the Senate constituted an ad hoc committee to further review it.

Abaribe said: “It was the report of that ad hoc committee, alongside the report of the Senate electoral committee and the executive session we held, that led to our agreement on Clause 60(3), which provides for electronic transmission of results, including real-time transmission.”

He noted that confusion arose during plenary because of the crowded chamber and multiple conversations, prompting some senators to seek further clarification after the session.

Abaribe said: “We went back individually to find out exactly what was done, and we were reassured. The Senate President himself confirmed – and you have the videos – that we passed electronic transmission of results.”

He explained that a harmonisation committee had been set up to reconcile differences between the Senate and House versions of the bill but stressed that the process was not yet concluded.

“After our plenary session yesterday, we adjourned but did not come back to pass the Votes and Proceedings,” he said. “That is our rule, and you all here know it.”

Other senators present at the briefing include, Austin Akobundu (PDP – Abia Central) Peter Jiya (PDP – Niger South), Ireti Kingibe (ADC – FCT), Victor Umeh (LP – Anambra Central), Binos Yaroe (PDP – Adamawa South), Kabeeb Mustapha (PDP – Jigawa South West, Khalid Mustapha (PDP – Kaduna North), Mohammed Ogoshi  Onawo (APC – Nasarawa South), Aminu Waziri Tambuwal (PDP – Sokoto South), Tony Nwoye (LP – Anambra North), Abdul Ningi (PDP – Bauchi Central), Natasha Akpoti-Uduaghan (PDP – Kogi Central).

Rotimi said the “Committee is mandated to confer with its counterpart from the Senate with a view to harmonising the differing provisions of the Electoral Act (Amendment) Bill as passed by both Chambers, ahead of final passage by the National Assembly.”

He added: “The House of Representatives reiterates its commitment to advancing electoral reforms that strengthen transparency, credibility, and public confidence in Nigeria’s democratic process.”

Senate has rejected reforms, says ADC

ADC alleged that the Senate is not interested in electoral reforms.

The National Publicity Secretary, Bolaji Abdullahi, said in a statement that reforms are required to strengthen transparency and restore public confidence in elections.

He also criticised the Senate’s decision to vote against reforms that would have allowed the electronic download of voter cards from I website, reduced the notice period for elections, and shortened the timeline for the publication of candidates’ list from 150 days to 60 days.

Abdullahi said: “But what the Senate has done amounts to tampering with the laws to expand opportunities for rigging and foist logistical nightmares on INEC that will make future elections even less efficient.”

Opposition parties: Senate has failed Nigerians

Factional Peoples Democratic Party (PDP) Publicity Secretary, Ini Ememobong, and New Nigeria Peoples Party (NNPP) counterparts Abdullahiand  Ladipo Johnson, said in a statement that the Senate had failed Nigerians.

They urged the conference committee to adopt the position of the House of Representatives on real time transmission.

The statement reads: “Yesterday, the Senate of the Federal Republic of Nigeria passed the amendment to the Electoral Act 2022, wherein, among other things, it rejected the proposal to make mandatory real-time electronic transmission of results at the polling units.

“The grave  implications of this retrogressive act by the Senate has compelled us as spokespersons of the major opposition political parties to jointly address this issue, which is capable of derailing our hard-earned democracy.

“With this anti-people and anti-democratic action, we are concerned that the APC-led Senate may have set Nigeria’s democracy back by many decades. It is therefore not surprising that it has deservedly attracted widespread opposition and condemnation from Nigerians across all divides.”

“We are at a loss as to why a party that is currently deploying technology to run an e-registration of their members across the country is averse to using technology to transmit results.”

Obi asks Nigerians to reject the proposed law

Obi, who rejected the bill, said: “The Senate’s blatant rejection of mandatory electronic transmission of election results is an unforgivable act of electoral manipulation ahead of 2027.”

He added: “This failure to pass a clear safeguard is nothing short of a deliberate assault on Nigeria’s democracy. By rejecting these essential transparency measures, they are eroding the very foundation of credible elections.”

The Chairman of the House of Representatives Committee on Electoral Matters, Hon Adebayo Balogun, has stressed the need for urgent reforms in the country’s electoral legal framework, citing gaps and inconsistencies revealed during the 2023 general elections.

He said this during a consultative meeting with election petition lawyers organized by the National Assembly Joint Committee on Electoral Matters in partnership with the Policy and Legal Advocacy Centre (PLAC) and supported by the UK Foreign, Commonwealth and Development Office (FCDO) on Thursday.

Officials of the Independent National Electoral Commission (INEC) were also in attendance at the meeting.

Balogun underscored the importance of collaboration between lawmakers, legal practitioners, and other stakeholders in ensuring a more transparent and effective electoral process.

He noted that while the Electoral Act 2022 introduced critical reforms—such as the Bimodal Voter Accreditation System (BVAS), the INEC Result Viewing (IREV) Portal, early funding for INEC, and stricter electoral timelines—the 2023 elections exposed significant loopholes that require urgent legislative attention.

He said in the continuous search for a globally acceptable Electoral Act that will stem electoral malpractices and improve confidence in the electoral process, they must engage with all critical stakeholders involved with electoral matters, before, during and after elections.

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He emphasized that the process of amending the electoral law must be inclusive, engaging all key stakeholders before, during, and after elections.

He stressed the crucial role of election litigation lawyers in interpreting and testing the law, stating that their courtroom experiences provide invaluable insights into areas that need strengthening, clarification, or amendment.

According to him, those directly involved in election disputes understand the weaknesses in the system better than anyone else, making their contributions essential to the amendment process.

One of the most pressing concerns he raised at the meeting was the issue of judicial inconsistencies in election-related cases.

Balogun identified other key areas requiring legislative review, including the need to streamline election dispute resolution timelines to ensure that pre-election cases are resolved before general elections and also that post-election disputes are concluded before the swearing-in of elected officials.

He also emphasized the need to address conflicting judicial interpretations of electoral laws to establish clarity and predictability in electoral adjudication.

He further called for a review of penalties for electoral offences, arguing that stronger sanctions are necessary to deter malpractices and ensure credible elections.

Without stringent deterrents, he warned, Nigeria would continue to witness electoral fraud and misconduct, undermining the legitimacy of the democratic process.

Balogun assured attendees that the insights shared at the meeting would be instrumental in shaping amendments to the Electoral Act.

He reiterated that the goal of the legislative review was to create a more robust, fair, and transparent electoral system that truly reflects the will of the Nigerian people.

The Chairman of the Senate Committee on Electoral Matters, Senator Sharafadeen Abiodun Alli,  emphasized the urgent need to amend Nigeria’s electoral laws to address persistent legal challenges and restore public confidence in the electoral process.

He underscored the crucial role of legal practitioners in shaping a more effective electoral legal framework.

Alli acknowledged that election litigation lawyers, with their vast courtroom experience, are vital stakeholders in electoral reforms.

He noted that their expertise provides a unique perspective on the weaknesses of existing electoral laws, making them indispensable in crafting amendments that will reduce electoral disputes and unnecessary technicalities in the legal process.

The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, also lamented the challenges of Nigeria’s electoral legal framework, particularly the role of the judiciary in electoral disputes.

Osigwe noted that though the Electoral Act 2022 was initially hailed as one of the most progressive pieces of electoral legislation, subsequent judicial interpretations had significantly distorted its intended impact.

He expressed concern over the contradictory and inconsistent judicial decisions that had emerged from recent election petitions.

He cited specific instances where the courts had imposed requirements that appeared to contradict the fundamental principles of the law, such as demanding that subpoenaed witnesses provide statements ahead of time.

Osigwe also criticized the interpretation of Section 137 of the Electoral Act, which, in his view, had undermined the legislature’s intention by shifting the burden of proof in ways that disadvantaged petitioners.

He further raised concerns about the requirement for BVAS machines to be brought to court as evidence of voter accreditation, arguing that such procedural obstacles hindered rather than facilitated justice.

Beyond the inconsistencies in judicial interpretation, Osigwe highlighted the overwhelming number of election-related cases that burden Nigerian courts.

He questioned whether Nigeria’s legal system should continue prioritizing election disputes over other critical legal matters, such as commercial litigation, fundamental human rights enforcement, and criminal prosecutions.

He warned that a judicial system overly focused on resolving election cases would discourage investment and economic growth, as businesses would perceive Nigeria’s legal environment as unstable.

inted to a growing trend where Nigerian banks and companies, wary of the inefficiencies in the country’s judicial system, were designating foreign jurisdictions for dispute resolution.

This, he noted, was contributing to capital flight and eroding confidence in Nigeria’s legal system.

Osigwe emphasized the need for a more efficient electoral dispute resolution mechanism, one that minimizes prolonged litigation and ensures that the electoral process is not held hostage by endless legal battles.

He called for greater involvement of the judiciary in discussions surrounding electoral law reforms.

He noted that judges play a pivotal role in shaping how electoral laws are applied and interpreted, making their engagement in the reform process essential.

He said without their involvement the nation would continue to struggle with inconsistencies and uncertainties in its electoral jurisprudence.

The Executive Director of the Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, commended the National Assembly’s Joint Committee on Electoral Matters for its commitment to electoral reform.

He acknowledged that members of the committee had played a crucial role in the passage of the Electoral Act 2022 and expressed satisfaction that they remained committed to refining the law further.

Nwankwo emphasized the significance of collaboration between the House and Senate committees in ensuring that amendments to the Electoral Act are completed efficiently.

He described the gathering as a rare opportunity to engage some of Nigeria’s most experienced legal minds in election litigation, stating that the expertise in the room was unmatched.

Reaffirming PLAC’s support for the committee’s work, Nwankwo expressed optimism that the lawmakers would take the input from the meeting seriously.

He stressed that the goal of the consultation was to listen to practitioners’ experiences and challenges rather than engage in back-and-forth arguments, ensuring that their recommendations would shape the final amendments to the law.

The Senate President, Godswill Akpabio, who declared the event open, emphasized the importance of collaborative efforts in addressing Nigeria’s electoral legal challenges.

Represented by Senator Abdullahi Yahaya, he assured stakeholders that their contributions will be given serious legislative consideration.

Akpabio commended legal practitioners and election litigation experts for their commitment to strengthening the country’s electoral system.