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The reported attempt to manipulate the draft electoral bill is not only unsavoury, it is antithetical to the ideals of democracy. The draft Electoral Act Amendment Bill 2021 seeks to repeal and re-enact the 2010 Electoral Act. But rather than pass the approved bill as originally presented, some elements in the National Assembly are reported to be hell-bent on inserting some sinister clauses to achieve ulterior motives. This calls for serious concern.
Part of the contentious issues is the reported insertion of Section 50 (2), which outlaws the electronic transmission of election results. According to the provision, “voting at an election under this Bill shall be in accordance with the procedures determined by the commission, which may include electronic voting provided that the Commission shall not transmit results of the election by electronic means.” Many Nigerians think that this provision is part of the alleged plans by unscrupulous elements to continue rigging elections, starting with 2023’s.
No doubt, manual transmission of election results is outdated. The Independent National Electoral Commission (INEC) Chairman, Professor Mahmud Yakubu, had decried it, saying it was too cumbersome and expensive. INEC and concerned stakeholders had canvassed for the introduction of electronic transmission of election results as a way to check rigging. INEC had actually experimented with this idea in some previous elections. The Edo governorship election of September 2020 is a typical example. This gave credibility to the outcome of the election as the result was devoid of any serious manipulation.
Section 65 is another contentious provision. It stipulates that the prerogative to declare the final result of an election lies with the returning officer. What this means is that the decision of the returning officer regarding declaration of results or scores of a candidate is final and INEC will no longer have the power to decline issuing a certificate of return to such a candidate even if the returning officer declared the result under duress. This is dangerous.
Also disturbing is Section 88, which deals with increase on the limits of campaign expenses. The new bill allows a presidential candidate a spending limit of N15billion from the current N1billion. Governorship candidates have a limit of N5 billion from the current N200 million while candidates for the Senate and House of Representatives have a spending limit of N1.5billion and N500 million instead of the current N40 million and N30 million respectively. For state assembly candidates, it is N50 million from the current N10 million. The monetization of the electoral process is fraught with imminent danger. It is a recipe for crisis because it will alienate many Nigerians from politics. It makes our democracy look more like a bazaar.
About 22 Civil Society Organisations (CSOs) have expressed concern over the reported manipulation of the bill. Even the diplomatic community is concerned as well. They recently met with the leadership of the National Assembly and appealed to the lawmakers to do everything possible to deepen democracy in Nigeria.
Obviously, the success of every democracy hinges on the electoral framework of that country. One good aspect of the draft bill is that INEC shall be responsible for requesting the deployment of relevant security personnel for elections and assign them in consultation with the relevant security agencies. This will prevent a situation where an influential politician will invite security men to intimidate supporters of his opponents and help rig elections on his behalf.
Besides, Section 26 (1) stipulates that INEC and security officials on election duties shall also take oaths to be neutral, loyal and not to accept bribe from any person. Whoever violates the provision commits an offence punishable under Section 120 of the bill.
We would have had a saner electoral process if this bill was signed as presented before the 2019 elections. Unfortunately, President Muhammadu Buhari refused to sign it. His first excuse in March 2018 was that the bill would usurp the powers of INEC to decide on electoral matters. The second time it was presented to him, he also refused to sign it, citing some drafting issues. Again, in December 2018, he declined to sign it, saying it was close to the 2019 elections and could create some uncertainty about the legislation to govern the electoral process. Now, we are close to another election but the document that will guide the election is still in contention.
Ahead of the 2023 general election, Nigerians would want a workable electoral law that will make the exercise transparent. We call on the legislators to revisit the bill with a view to tackling the grey areas. They need to ensure, for instance, that the bill clearly states that election results should be transmitted electronically. This will go a long way in enhancing the credibility of our elections.
Besides, the bill should also strengthen the independence of the INEC, especially financial independence, to ensure that elections are free and fair. President Buhari had promised to bequeath a credible electoral process to Nigerians. Let him just do so.
