Issues As Senate Amends Electoral Act

In this piece, MBACHU GODWIN NNANNA takes a look at the move by the upper legislative chamber to strengthen the nation’s democracy as it amends the Electoral Act.

The senate last Thursday in a show of patriotism moved to strengthen and safeguard the nation’s democratic process as it amended the Independent National Electoral Commission (INEC) Act, known as the Electoral Act No.6. 2010 Amendment Bill 2016.

This move by the Senate to correct some of the lapses or grey areas in the nation’s electoral process has received wide commendation from the political class and the public.

The senate had recommended that if after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, the Commission shall, being satisfied of the fact of the death of the candidate, suspend the election for a period not exceeding 21 days; the party whose candidate was satisfied dead shall within 14 days conduct a fresh direct primary to replace the dead candidate.

The Red chamber also recommended that in such circumstance, INEC shall continue with the election and announcement of final result and declare the winner of the election.

Political pundits say that with the amendment of the INEC act, it puts to rest the controversy and the debate that arose at the Nov 21, 2015 Kogi State governorship election where the All Progressive Congress (APC) candidate, Alhaji Abubakar Audu, died before the conclusion of the election thus creating an unforeseen vacuum and challenge for INEC. .

Other resolutions of the senate include that a presiding officer who willfully and knowingly contravenes any provision of the section of the electoral act that applies to him shall be guilty of an offence and shall be liable, on conviction, to imprisonment for at least 5 years, without an option of fine.

But the debate on the recommendation of the committee on whether or not manual accreditation should be used in an election if the card reader fails became controversial as the lawmakers expressed divergent views.

The committee had recommended that in case of malfunctioning of the card reader for up to 10 percent rejection of voters, the presiding officer should use manual accreditation. Some senators however, canvassed that the election of the polling unit or ward where the card reader malfunctions be suspended for another day.

Giving insight into the committee’s report on card reader, chairman, senate committee on INEC, Senator Abubakar Kyari said “everybody has accepted that the card reader is here to stay, card reader should be the primary focus. So, if the card reader rejects more than 10 percent of registered voters the election should be suspended”.

But, minority leader of the senate, and former governor of Akwa Ibom State, Godswill Akpabio warned that it will lead to many cases of inconclusive elections in the country, which according to him has been the trade mark of the current INEC led by Prof Yakubu Mahmood. Akpabio added that the presiding officer should resort to the use of manual accreditation for the purpose of election. “We will never conclude elections in Nigeria today by this amendment, the presiding officer should go ahead to accredit voters manually and election concluded”

In his contribution, Senator Dayo Adeyeye, stated that “The fear of accrediting more than what is registered is not there. If the system fails less than 10 percent, manual accreditation should be used, so I support the recommendation of the committee”.

The amendment of the electoral Act was sequel to a report of the senate committee on INEC read by its committee chairman, Abubakar Kyari (APC Borno North) which was debated clause by clause in the committee of the whole house.

Laying the report at pleanery, Kyari said “ that the senate do consider the report of the committee on INEC on the INEC Act. (Amendment) Bill 2016 (SB 231 and SB 234).

Parts of the reports reads: “ If after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, the Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days; the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate; and subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and declare a winner.”

On the “Accreditation of voters, transmission of accreditation data, issuance of ballot papers to voters, it recommended that “A person intending to vote in an election shall present himself with his voter card to a Presiding Officer for accreditation at the polling unit in the constituency in which his name is registered.

Many believe that with the amendment of the lapses of the nation’s electoral act by the senate, it will go a long way in sanitising the electoral process and reduce high rate of litigation of electoral victory.