The new Electoral Act has proposed a reduction in the period for election petition from 180 days to 150 days, while foreclosing agitations that election petitions be disposed off before swearing in of elected officials.
The new law which is scheduled to be considered by the House of Representatives at plenary on Tuesday also suggests that election petitions be filed 21 days after the declaration not election results, while judgement is to be delivered 150 days to the date of filing the petition.
It also move to prevent frivolous petitions by imposing heavy fine on counsel and their clients who challenges the outcome of elections outside the stipulated ground for challenging election results.
The report on the new law titled “a bill for an Act to repeal the Electoral Act 2022 and enact the Electoral Bill 2025 and for other related matters, a copy of which was cited seeks to disqualify a political party for present a candidate that is qualified for an election, while also Imposing a fine.
The proposed law retains the 360 days notice of election as contained in the 2022 Electoral Act which states that, “The commission shall, not later than 360 days before the day appointed for holding election under this bill publish a notice in each state of the federation and the federal capital territory stating the date of the day election and appointing a place at which nomination papers are to be delivered.”
If the law is signed, the Commission will announce the conduct of the 2027 general elections 360 days before the conduct.
However, the proposed law increased the number of days for submission of list of nominated candidates from 180 to 210, with the committee explaining that the increase is to allow INEC sufficient time to process the list of candidates.
It also states that where the court determined that any information contained in the affidavit submitted by a candidate is false as it relates to constitutional requirements of eligibility, the court shall issue an order disqualifying the candidate and the sponsoring political party.
However, where the election has been held before the judgement, the law provides that the court shall make an order directing the commission to declare the candidate with the second highest valid votes who satisfy the constitutional requirements as winner of the election.
Such candidate who does not meet the qualification requirements and presents himself for election, according to the proposed law is liable to a fine or N5 million.
Although it also recommended a N10 million fine for the sponsoring party, the House Committee explained that INEC recommends that the clause be removed because it is against the rule of double jeopardy.
For candidates withdrawing from the elections after nomination, the proposed law require such candidates to submit a letter in writing accompanied by an affidavit to the political party who will inturn submit same to the commission not later than 90 days before the conduct of the election.
Apparently to avoid a repeat of the Adamawa situation, the proposed law has made it mandatory for Resident Electoral Commissioners to be answerable to the Independent National Electoral Commission who will also have power to discipline them.
But the law still gives the President who is the appointing authority the power to remove any REC in the recommendations of two thirds majority of the Senate.
The law, when passed and signed will not make downloadable Voters card with unique QR code valid for accreditation and elections, while also allowing Nigerians to print their downloadable cards.
It imposes a fine of N5 million (up from N500,000) on those who buy or sell voters cards or is found with voters cards that does not belong to them
The law legalises the use of the Bimodal Voter Accreditation System or any other technological devices for accreditation during election with the use of electronically generated voters card with a unique QR code by registered voters.
It also provide that “voting at an election and transmission of results shall be in accordance with the procedure determined by the commission, while providing in clause 60(3) that “the commission shall electronically transmit the results fr9m.eacb polling units to IREV portal in real time and such transmission shall be done simultaneously with the physical collation of results .
It define transmission to mean “to send, transfer, or communicate from one person or place to another manually of electronically”.
When results of an election is in dispute, the proposed law states that the collation officer shall use the original of the disputed result, the BVAS or other technological devices used for accreditation in the polling units, data of accreditation and the votes and results of the election to determine the correctness of the results.
A Resident Electoral Commissioner for willfully refuses access to electoral materials is regarded to have committed an offence and on conviction faces a two year jail term without an option of fine.
Also, the proposal recommended that any association wishing to register as a political party will pay an administrative fee of N50 million, while the Chairman and Secretary of an association wishing to be registered, but provide false and misleading information to the commission faces a fine of N20 million for the association and and N10 million for the Chairman and Secretary.
The proposed law tends to address the issue of sudden waiver granted to aspirants by political parties, saying “each political party shall make the register of members available to the commission not later than 30 days before the date fixed for the party primaries, congresses and conventions and only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions”
While saying that a political party cannot use another register outside the one submitted to the commission for it’s primaries, it also states that a party that fail to submit the membership register within the stipulated period shall not be eligible to present candidates for that election.
Flowing from submission of INEC, the House Committee is also recommending that “subject to the provision of law, no court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.
Where such action is brought in negation of the provision, the court shall impose cost of not less than N10 million on the counsel who filed the action and not less than N10 million on the plaintiff/applicant and in addition to payment to the commission any cost, Including solicitors fees incurred by blit where joined as a party.
It explained that “INEC notes that the rationale is to restrict access to court by political parties and their members and to narrow the window allowed in section 84(13).
It also states that “where a court finds that a political party failed to comply with the provisions of the law in the conduct of it’s primaries, it’s candidates for election shall not be included in the election for the particular position, while.also Imposing an imprisonment of about two years for financially inducing delegates.
The law has also Increased donation to a candidate for the purpose of election from N50 million to N500 million, while also Increasing election expenses for all elective positions.
For example, maximum expenses for the presidential election is fixed at N10 billion from an initial N5 billion; for the governors ship, it is now N3 billion from an initial N1 billion, while the senate and House of Representatives is fixed at N500 million and N250 million respectively.
The proposed law also provide that anybody who manufactured, construct or import into the country a ballot box, including any compartment ,appliances, voting device by which a ballot paper or result form could be secretly placed commits an offence and on conviction is liable to a maximum fine of N75;million or imprisonment for 10 years
The law provides that an election petition shall be filed within 21 days after the date of declaration on of the results of the elections and the tribunal shall deliver a judgement in writing within 150 days (down from the initial 180 days) from the date of filing of the petition and an appeal shall be filed within 14 days after the delivery of judgement by the tribunal.
The new law also states that where the court makes a determination that an election is being questioned by a political party or candidate on grounds outside of those provided for by the law, the court shall impose penalties of not less than N5 million on the counsel and not less than N10 million on the petitioner.
It also said that it shall not be necessary for a party who alleges non compliance with the provisions of the law for the conduct of the election to call oral evidence if originals or certified true copies of relevant documents manifestly disclose the non compliance alleged.
