The Nigerian Bar Association (NBA) Electoral Reform Committee has formally presented a set of critical recommendations to the House of Representatives, calling for extensive amendments to the Electoral Act 2022 in a bid to enhance the credibility, transparency, and efficiency of Nigeria’s electoral system.

Led by its Chairman, Dr. Monday Onyekachi Ubani, SAN, and Alternate Chairman, Mr. Sam Itodo, the NBA delegation submitted a detailed memorandum to the House Committee on Electoral Matters during a session chaired by Hon. Balogun. While the President of the NBA, Mazi Afam Osigwe, SAN, was absent due to official engagements, his support for the reform agenda was noted by the committee.

The NBA’s presentation included ten robust recommendations addressing key legal, procedural, and administrative gaps observed in recent elections.

1. Legal Standing in Pre-Election Disputes:
Proposal to amend Section 29(5) to limit the right of action strictly to aspirants within the same political party, with a 14-day deadline retained under Section 29(8) to ensure prompt resolution.

2. Candidate Substitution:
Amendment of Section 33 to permit candidate substitution only in cases of death or voluntary withdrawal, provided such is supported by a sworn affidavit and documentary evidence.

3. Internal Party Democracy:
Strengthening Section 84 to compel political parties to submit and publish delegate lists early, while empowering INEC to monitor primary elections and sanction defaulters.

4. Electoral Technology and Integrity:
Proposed changes to Sections 47 and 60 to make the use of BVAS for accreditation mandatory, legally bind BVAS data as the official accreditation record, and establish electronic result transmission via IReV as a legal requirement. INEC officials who fail to transmit results electronically would face sanctions.

5. Admissibility of Documentary Evidence:
Clarification of Section 137 to ensure that certified electoral documents—such as BVAS logs, IReV screenshots, and EC8A forms—are accepted as sufficient proof of electoral irregularities, reducing dependence on oral testimony.

6. Electoral Offences Commission:
The NBA called for the creation of an independent Electoral Offences Commission with prosecutorial authority to tackle vote-buying, violence, result manipulation, and misconduct by electoral officers.

7. Early Voting for Election Personnel:
Recommendation for early voting rights to be extended to INEC officials, accredited security agents, journalists, and election observers, to ensure their impartial participation on election day.

8. Legal Recognition of INEC Guidelines:
Proposal to grant statutory backing to INEC regulations and guidelines issued under the Electoral Act to ensure uniformity and enforceability.

9. Harmonization of Election Dates:
Recommendation that all national elections be conducted on a single day to reduce costs and logistical challenges while improving electoral integrity.

10. Additional Recommendations:
These include:

  • Binding INEC timelines to increase accountability;
  • Jurisdictional clarity to prevent forum shopping in election-related litigation;
  • Harmonized resignation timelines for public officers seeking elective positions;
  • Pilot diaspora voting for Nigerians in foreign missions during presidential elections.

In his address, Dr. Ubani, SAN, underscored the NBA’s unwavering commitment to electoral integrity. “We are optimistic that these amendments, if adopted, will pave the way for a more transparent and inclusive electoral process in 2027 and beyond,” he said.

Mr. Sam Itodo also emphasized that the proposals reflect international best practices and align with Nigeria’s constitutional aspirations for democratic development.

Lawmakers in attendance commended the NBA’s initiative and confirmed that many of the recommendations are already under consideration in the ongoing legislative review.

The NBA Electoral Reform Committee pledged to maintain sustained engagement with the National Assembly to ensure that the reform proposals are passed into law ahead of the 2027 general elections.

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