The Electoral Act 2022 just became the extant law regulating elections and electoral activities in Nigeria having been assented to by the President on the February 25, 2022. The new electoral law revolutionises approach to elections in Nigeria in giving legal backing to the deploying of technology for the conduct of elections in Nigeria. The law further conducts a major review of the financial provisions and fines a general review of timelines for the conduct of pre-election activities, and a general review of fines payable upon conviction for electoral offences (to deter electoral crimes).

The result is that INEC conceptually now has sufficient time to prepare for the conduct of substantive elections given the fact that the law envisages all pre-election activities being concluded long before election time.

Some of the notable new provisions of the Act includes

• Funds for the conduct of general election are to be released to INEC not later than one year before the next general election

• The law provides for mandatory accreditation of voters using smart card reader.

• The law also established the National electronic Register of election result and makes provisions for electronic transmission of result

• The appointment of a Resident Electoral Commissioner in compliance with the Federal character principles was given legislative backing in the Electoral Act

• Section 9 (1) provides for recognition of voters with disabilities in the voter’s registration process. The nature of disability would be captured adequately and allows INEC to make special provisions for such disabled individual at the general elections

• Section 9(2) makes provision for voters register to be kept in electronic and paper format

• A reissued voter’s card shall now be called a replacement card rather than a duplicate card contained in the old law

• Election shall be suspended for a period of 21 days where a candidate dies at the commencement but before conclusion of an election. In the case of offices that has running mate such as the President and Governor, the election shall continue with the Vice or Deputy as the new candidate.

• The new law deletes the mandatory sequence of conducting elections in Nigeria. Under the old regime, the National Assembly election is to be held first, followed by the Presidential election while the Governorship and State Houses of Assembly elections jointly comes last.  

• The law for the first time recognises the deployment of the Armed Forces in the conduct of election in Nigeria

• Political parties must maintain political register in hard and soft copy format and must make the register available to INEC at least 30 days before primaries, convention or congresses

• The name, acronym and Logo of a deregistered political party cannot be used within 5 years of deregistration

• The law makes provisions for direct, indirect primary elections and for the first time introduced consensus as form of selecting candidates at party primaries

Increase in fines and financial provisions

• Punishment for holding multiple voters card increased from N100,000 fine to N500,000 fine
•  
• Punishment for fielding candidates that are not qualified by a political party is now a fine in the sum of N10,000,000 compared to the old 500,000

• Election spending limits increased- 5 billion for Presidential candidate, 1 billion for Governorship candidate, 100 million for Senatorial and 70 million for House of Representatives. Under the old regime, presidential was 1billion, governorship is 200million while senate and House of representatives are 40 and 30million respectively

• A political party shall not accept any monetary or other contribution which is more than N50,000,000 unless it can identify the source of the money or other contribution to the Commission. The sum was increased from the sum of 100,000 under the old legal regime.

Change in the timelines for pre-election activities

• Request for replacement of lost voter’s card must be made at least 90 days before general election. Under the old legal regime, request is to be made at least 30 days

• Voters list to be displayed at least 90 days before election for a period of 7 days.

• Objection and request for correction of information on the displayed voters list must be made 14 days after display of the voters register

• Election date to be fixed by the Commission not less than 360 days. This is a major improvement to the 60 days period under the old law

• political parties are to submit candidate names at least 180 days before election date

• Withdrawal of nominated candidate must be done not less than 90 days before election

• Names of candidates to be published by the Commission not less than 150 days before election

• Registration of new political parties must be done 12 months before the general elections. The old law provides to a period of 6 months

•  Challenge of decision of the INEC not to register a pollical party must be commenced at the Federal High Court within 14 days of the decision of the Commission

• Notice of merger of pollical parties must be given to the Commission 9 months before the general elections. The old law provides for 90 days
  

Comments

Notwithstanding the laudable provisions identified in the Electoral Act 2022 as captured above, some of the provisions of the law appear self-serving and in direct contrast with the provisions of the Constitution and as such may not stand the test of litigation on same. The recognition of the participation and assignment of role to the military in the conduct of elections is one of such highly retrogressive provisions particularly as same is not situated as a very exceptional circumstances with well-defined grounds that may trigger the necessity of such. This is at a period when there is serious campaign against the customary militarization of elections in Nigeria. While the previous law has tried to limit the role of the military to the protection of electoral materials and electoral officials, the performance of these roles has further brought the guns and barrels of the military close to the ballot box.

Furthermore, whilst there are upward reviews of fines in the Act, the punishment for the offence of buying vote and buying of voters card -which is a core corruption practice at odds with the anti-corruption stand of the current Administration- was not reviewed. This is further at odds with the ostensible intent of creation of general deterrence of all forms of electoral malpractices as well as electoral offences.

Also, it is opined that the provisions of section 84 (12) which bars political office holders from voting or being voted for in a congress may be flying in the face of the Constitution and therefore constitute a gross violation of the rights of the political office holders guaranteed under the constitution. Being a political office holder is not a lawful ground recognised by the constitution to disenfranchise a citizen of the country.