Electoral Act Amendment: INEC Conducting Review Of Past Polls

As moves to amend the Electoral Act, 2022 continue, the Independent National Electoral Commission (INEC) said it is also doing a review of its output, based on its conduct of previous polls.

INEC national commissioner and chairman, Information and Voter Education Committee, Sam Olumekun, who disclosed this to LEADERSHIP in Abuja, noted that some of the reviews require legislative action, while others are administrative.

However, the 2023 general election which was the major election conducted with the Electoral Act, 2022 witnessed a number of challenges especially with malfunctioning of the Bimodal Voter Accreditation System machines (BVAS) and their failure to transmit the results of the presidential election after the collation.

Apparently on the back of this and calls for review/amendment of the Electoral Act, 2022, the House of Representatives had passed the Electoral Act 2022 Amendment Bill for Second Reading, brightening the prospect for electronic transmission of election results.

Titled, “A Bill for an Act to amend the Electoral Act, 2022 and for Related Matters,” the proposed legislation was sponsored by the member representing Ughelli North/Ughelli South/Udu federal constituency of Delta State, Hon. Francis Waive.

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The Bill seeks to amend selected sections of the current Electoral Act to provide for the same day elections, electronic transmission of results as well as punishment for frivolous election petitions.

Hon. Waive had in a debate on the general principles of the Bill,  lamented the gaps in the current Electoral Act 2022 and noted that an amendment of the law to pave the way for the electronic transmission of election results would help the nation’s democracy.

However, the INEC chief spokesperson said the review the Commission is doing would inform its future work, noting that some issues require legislative action while some are administrative.

“We are doing a review and we have learnt lessons. All these would inform our future work. Some require legislative action while some are administrative. We would engage as appropriate,” he replied to LEADERSHIP’s inquiry.

The Electoral Act, 2022 brought some major innovations in the country’s electoral processes, chiefly amongst which was in Sections 47 and 50(2) of the Electoral Act, 2022 gives legal backing for use of smart card readers, electronic accreditation of voters and any other voter accreditation technology that INEC deploys.

It also gives legal backing to the electronic transmission of result as INEC was empowered to determine the manner(s) of transmission of result and gives the commission the power to maintain a centralised electronic register of elections for e-collation.

Others include early conduct of party primaries and submission of candidates enshrined in Section 29(1) of the Act which provides that political parties shall hold a primary and submit the list of candidates not later than 180 days before the date appointed for a general election unlike 60 days provided in the repealed act.

Also enshrined in the Electoral Act, 2022 is review of election results declared under duress contained in Section 65 that INEC can within 7 days, review results declared by a returning officer under duress or where such a declaration was made contrary to the provision of the law, regulations and guidelines, and manual for the election; and early commencement of campaigns provided in Section 94 that campaign shall commence 150 days before polling day and end 24 hours prior to that day.