Admin l Tuesday, October 23, 2018
ABUJA, Nigeria – The amended Independent National Electoral Commission (INEC) Act 2010 (Amendment) Bill, 2018 (SB. 699) today scaled through the third reading on the floor of the senate, thus making it set for the assent of President Muhammadu Buhari.President Muhammadu Buhari withheld his assent in the initial Bill pointing out some discrepancies before returning it to the Senate.
“Let me congratulate everyone in the committee on electoral matters for the hard work they put in, and we have been able to achieve this over time and after carefully reviewing it. I want to commend everybody’s effort in making this happen”- Senate President said after the passage.
Section 30 of the Act mandates the Commission to publish a notice of election at least 150
days before the holding of an election in each State of the Federation and the Federal Capital Territory. Furthermore, the notice must state the date of the election and appoint a place which nomination papers are to be delivered.
DISQUALIFICATION
The Bill amendment section 31 by substituting a new subsection (6) (7) and (8), which empowers the Courts to disqualify a candidate/political party from contesting the election on the determination that any of the information contained in his /her affidavit is false. However, if the candidate is already elected, he/she is ineligible for re-contesting for another election which must be conducted within 90 days by INEC.
In the case of death of a candidate after submission, the amendment inserts an exception
to the current provision, which says that in the case of such withdrawal or death of a candidate, the political party affected shall within 10 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to INEC for the election concerned.
The new Bill amended section 36 of the Principal Act by insertion of a new subsection “(3)”which seeks to empower the Commission to suspend elections in cases where a nominated candidate dies after commencement of an election but before the declaration of the final result for a period not exceeding 21 days upon being satisfied of the death. This is to fill the lacuna in the law as was highlighted in the 2015 Kogi State governorship elections where a candidate died after the commencement of poll but before the declaration of election result.
The Bill also amended section 49 with new subsections (1) and (2) which enshrines the use of the smart card reader and other technological devices in elections. Under the proposed section 49(1 a person must present himself with his voter’s card to a Presiding officer for accreditation at the polling unit where his name is registered.
Section 52 (2) provides for conduct of polls and e-voting. In 2015, this provision was amended to give INEC the discretion to determine the procedure for voting. Now, it seeks to further amend the provision to mandate the Commission to conduct elections by electronic voting or any other method of voting as it may determine from time to time.
53(2) of the amended Act slightly differs from extant provisions as the Commission shall only declare the result of an election null and void if the votes cast in the polling unit exceeds
the number of accredited voters.
5 YEARS JAIL FOR RETURNING OFFICER WHO ANNOUNCES FALSE RESULT
Under the Bill, section 67 of the Principal Act provides for “Verification and Confirmation of
Results”This is a new insertion that mandates the Collation or Returning Officer to
collate and announce the result of an election after verifying and confirming that the number of accredited voters stated on the collated result corresponds with the number of accredited votes recorded and transmitted from the polling unit.
It further specifies the procedure for confirming the number of accredited voters in the event a collated result is not correct, as well as the procedure for resolving disputes regarding results from the polling unit. The provision goes on to prescribe a 5 years imprisonment penalty without option of a fine for a Returning Officer or Collation Officer who collates or announces false results
PRIMARY BY POLITICAL PARTIES
Section 87 Enables political parties seeking to nominate candidates for elections to hold direct or indirect primaries for aspirants to all elective positions, which shall be monitored and endorsed by the Commission.
FEES
New provisions prohibits political parties from imposing arbitrary fees on political aspirants and prescribes limits for each elective office as
follows:
• N150,000 for a Ward Councillorship
aspirant in the FCT;
• N250,000 for an Area Council
Chairmanship aspirant in the FCT;
• N500,000 for a House of Assembly
aspirant;
• N1,000,000 for a House of
Representatives aspirant;
• N2,000,000 for a Senatorial aspirant;
• N5,000,000 for a Governorship
aspirant; and
• N10, 000,000 for a Presidential
aspirant.
ELECTION EXPENSES
Amendment of section 91 proposes the maximum limit on election expenses that can be incurred by candidates to as follows:
Presidential election-N5,000,000,000
(Five Billion Naira)
Governorship election – N1,000,000,000
(One Billion Million Naira)
Senatorial seat at an election to National
Assembly- N100,000,000(One Hundred
Million Naira)
Federal House of Reps- N70,000,000
(Seventy Million Naira)
State Assembly Election –N30,000,000
(Thirty Million Naira)
Chairmanship election to an Area Council
–N30,000,000 (Thirty Million Naira)
Councillorship election to an Area
Council-N5,000,000 (Five Million Naira)
It also prohibits any individual or entity
from donating more than N10,000,000
(Ten Million Naira) in the proposed 91(9).
MEDIA
Public media houses that fail to allocate media time equally to political parties are liable to a maximum fine of N2,000,000 while principal officers of the media houses shall pay a fine of
N2,000,000.
ILLEGITIMATE BENEFIT
Section 143 has a new subsection 143(3). This enables an elected candidate who the Court determines that was not validly nominated to remain in office if the notice against the Court’s decision is given within the stipulated period of appeal. It goes further to say that the candidate should enjoy all the benefits that accrue to the office pending the determination of the appeal and should not be sanctioned for the benefits derived while in office. This amendment prevents candidates from being sanctioned for the benefits derived while in office removes the discretion of the courts to make an order it deems fit.
INDEPENDENT CANDIDATE
Means a person who has secured the nomination of a political party or independent candidate to contest an election for any elective office
LIABILITY OF SIEC
The Bill added new sections “(152A)”, “(152B)”, “(152C)” and “(152D)” after section 152 of the Principal Act. These provisions target the State Independent Electoral Commission (SIECs). It seeks to guarantee the conduct of free and fair and credible elections in elections conducted by the SIEC by making the provisions of the Act applicable to them with equal force
(152A).
However, it adds that where the SIEC fails to comply with the spirit of the Electoral Act or its procedures in its conduct of elections to Local Government Councils of the Federation, the election shall be null and void. Furthermore, staff or the State Independent Electoral Commission who contravene this provision and other provisions of the Act would also liable to prosecution.
