The Senate on March 30, passed the Electoral Act No 6 2010
(Amendment) Bill 2017 and one of the
things it will do when signed into law, is abolish arbitrary fees for
nomination forms fixed by political parties.
Before now, the parties demanded high fees for nomination
forms from aspirants, fixing a price as it deemed fit.
President Muhammadu Buhari famously claimed he borrowed
money to pay for his nomination form which cost N25 Million, in the build up to
the 2015 general elections.
However, the Bill has now put a N10 Million limit on the
forms.
The Bill is also aimed at instituting reforms in the
electoral process by making it more free, fair and credible.
HERE ARE 17 HIGHLIGHTS OF THE BILL
– It stipulates that “there shall now be full biometric
accreditation of voters with smart card readers and/or other technological
devices, as INEC may introduce for elections from time to time”.
– It provides that “presiding officers must now instantly
transmit accreditation data and results from polling units to various collation
centres. Presiding officer who contravene this shall be imprisoned for at least
five years (no option of fine)”.
– It states that “all presiding officer must now first
record accreditation data and polling results on INEC’s prescribed forms before
transmitting them. The data/result recorded must be the same with what they
transmitted”.
– INEC now has unfettered powers to conduct elections by
electronic voting.
Besides manual registers, INEC is now mandated to keep
electronic registers of voters.
– INEC is now mandated to publish voters’ registers on its
official website(s) for public scrutiny at least 30 days before a general
election and any INEC staff that is responsible for this but fails to act as
prescribed shall be liable on conviction to six months’ imprisonment.
– INEC is now mandated to keep a national electronic
register of election results as a distinct database or repository of polling
unit by polling unit results for all elections conducted by INEC.
Collation of election result is now mainly electronic, as
transmitted unit results will help to determine final results on real time
basis.
– INEC is now mandated to record details of electoral
materials – quantities, serial numbers used to conduct elections (for proper
tracking).
– A political party whose candidate dies after commencement
of an election and before the declaration of the result of that election now
has a 14-day window to conduct a fresh primary in order for INEC to conduct a
fresh election within 21 days of the death of the party’s candidate.
Political parties’ polling agents are now entitled to
inspect originals of electoral materials before commencement of election and
any presiding officer who violates this provision of the law shall be
imprisoned for at least one year.
– No political party can impose
qualification/disqualification criteria, measures or conditions on any Nigerian
for the purpose of nomination for elective offices, except as provided in the
1999 constitution.
– The election of a winner of an election can no longer be
challenged on grounds of qualification, if he, the (winner) satisfied the
applicable requirements of sections 65, 106, 131 or 177 of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended), and he is not, as may be
applicable, in breach of sections 66, 107, 137 or 182 of the Constitution of
the Federal Republic of Nigeria, 1999. (For example, a person’s election cannot
be challenged on the grounds that he did not pay tax, as this is not a
qualifying condition under the constitution.)
– All members of political parties are now eligible to
determine the ad-hoc delegates to elect candidates of parties in indirect
primaries. The capacity of party executives to unduly influence or rig party
primaries has been reasonably curtailed, if not totally removed.
Parties can no longer impose arbitrary nomination fees on
political aspirants. The bill passed prescribes limits for each elective office
as follows:
(a) N150, 000 for a ward councillorship aspirant in the FCT;
(b) N250, 000 for an area council chairmanship aspirant in
the FCT;
(c) N500, 000 for a house of assembly aspirant;
(d) N1, 000, 000 for a house of representatives aspirant;
(e) N2, 000, 000 for a senatorial aspirant;
(f) N5, 000, 000) for a governorship aspirant; and
(g) N10, 000, 000) for a presidential aspirant.
– Relying on the powers of the national assembly in
Paragraph 11 of Part II (Concurrent Legislative List) of the Second Schedule
(Legislative Powers) to the Constitution of the Federal Republic of Nigeria,
1999 (as amended), the senate also passed measures reforming procedures
regulating local government elections. State independent electoral commissions
can no longer conduct elections that do not meet minimum standards of
credibility.
Also, any INEC official who disobeys a tribunal order for
inspection of electoral materials shall be imprisoned for two years, without an
option of a fine.
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