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By Chukwudi Nweje
The National Consultative Front, (NCFront) of Leaders of Conscience, has raised the alarm that the proposed amendment of the Electoral Act 2021, is laced with hidden clauses that could undermine the 2023 general elections.
It said the word ‘May’, severally used in the draft bill is non affirmative and could be manipulated in court by self serving politicians, and should therefore be substituted with the word ‘shall’.
Dr Yunusa Tanko, Head, Public Affairs Bureau, of the group said in a statement yesterday that the use of the word ‘may’ and ‘shall’ in the proposed bill should be clear and assertive to prevent misinterpretation and manipulation.
He said, “We noticed that the word May was predominantly used as a non affirmative word to Shall which gives authority and affirmation. The use of the word May for discretionary measures could be manipulative in the court of law , hence the call for more proper assertive word like Shall and Should, should be used to avoid ambiguity.
He noted that Section 50 (2) of the proposed bill should be rephrased and made more affirmative to vest the Independent National Electoral Commission (INEC) with the power to introduce “a technologically robust and transparent electronic transmission of results”, so as to improve the integrity of Nigerian electoral process.
He said, “Section 50 (2) should mandate INEC to transmit results electronically, not giving that window for INEC the option to choose discretionarily and create doubt in the minds of the electorate. It should not be “as may be determined by INEC” or transmission of result electronically “where and when practicable” rather it should be shall transmit result electronically as practicable. Our position is based on the fact that the amendment should be very clear and direct not to give room for mischief makers in the future”, Tanko said.
