2027: Senate moves to speed up Electoral Act amendment

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….sets 48-hour review window

 

The Senate has set up a 7-man ad hoc committee to review and harmonize proposed amendments to the Electoral Act 2022, with a 48-hour deadline to submit its report.

This move aims to hasten the amendment process, critical for the 2027 general elections.

Key proposals include electronic transmission of results to INEC’s IREV portal, stricter penalties for electoral offenses, and inclusion of National Identification Number (NIN) for voter registration.

The Independent National Electoral Commission (INEC) is expected to issue a notification for the presidential election next month, in line with provisions of the extant Electoral Act 2022.

Moreover, the House of Representatives passed its version of the amendment in December, concurrence by the Senate and harmonisation of contentious areas are required before a clean copy can be sent to President Bola Tinubu for assent, possibly before the end of next month.

Members of the seven-man ad hoc panel are Senators Adamu Aliero, Aminu Tambuwal, Adams Oshiomhole, Danjuma Goje, Tony Nwoye and Titus Zam. The Clerk to the Senate, Emmanuel Odo, will serve as secretary.

The panel will work with the Senate Committee on Judiciary and Legal Matters, chaired by Senator Adeniyi Adegbonmire, to revisit contentious provisions in the amendment report.

The report under review was prepared by the Senate Committee on Electoral Matters, chaired by Senator Simon Lalong.

Senate President Godswill Akpabio announced the decision after lawmakers emerged from a three-hour closed-door session where they examined the Lalong committee’s report. Debate on the report had earlier been deferred due to Lalong’s absence at plenary.

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Akpabio said the bill requires further review to harmonise divergent views and address grey areas spotted during deliberations.

He said the ad hoc committee would sit for 48 hours and present its recommendations on the third legislative day.

Key among the proposed amendments is the provision for electronic transmission of election results to the INEC Results Viewing Portal (IREV).

A copy of the report indicates that INEC would be mandated to transmit results electronically from polling units to IREV immediately after vote counting.

A new Clause 3 introduced on page 45 of the Electoral Act 2022 (Amendment) Bill, 2025, seeks to curb result manipulation and ballot box snatching.

The provision states: “INEC shall electronically transmit election results from each polling unit to the IREV portal in real time, and such transmission shall be done simultaneously with the physical collation of results.”

The report also introduces a new subsection (2) to Clause 71, criminalising failure by presiding officers to sign and stamp ballot papers and announced results.

Clauses 47(2) and (3) were amended to replace “smart card reader” with “Bimodal Voter Accreditation System (BVAS),” reflecting current practice.

To address abuses involving voters with disabilities, Clause 54(1) was amended to prohibit party agents, candidates or officials from accompanying visually impaired or incapacitated voters into voting compartments.

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The committee proposed tougher sanctions for vote trading and the buying and selling of Permanent Voter Cards (PVCs), recommending that the fine in Clause 22 be increased from N500,000 to N5 million.

Clause 10 of the bill was amended to include “(c) National Identification Number (NIN)” to curb the registration of illegal immigrants during continuous voter registration.

On submission of candidates’ lists and affidavits, Clause 29 was amended to include new sub-clauses (7) and (9).

Sub-clause (7) states: “Notwithstanding the provisions of sub-clause (6), where the election has been held, the court shall direct the Commission to declare the candidate with the second highest number of valid votes who satisfies the constitutional requirement as the winner of the election.”

Sub-clause (9) provides: “A candidate who does not meet the qualification stipulated in this clause and presents himself to a political party commits an offence and is liable on conviction to a fine of not less than N5,000,000.”

Clause 31 on withdrawal of candidates was redrafted to require sworn affidavits, while Clause 42(3) was amended to extend the inspection period for electoral materials from 20 to 60 days.

Clause 43 was amended to empower candidates to appoint polling agents.

It states: “Each candidate, in consultation with his political party, may by notice in writing addressed to the Resident Electoral Commissioner of the state, appoint a polling agent for each polling unit and collation centre in the Local Government Area or Area Council for which the candidate is contesting.”

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New provisions were also introduced to strengthen post-election procedures, collation of results, and decisions of returning officers.

For political parties, new sub-clauses were introduced to Section 77 to ensure proper record-keeping of membership. Clause 82(2) was amended to make notices of congresses and conventions specific, while Clause 87 was amended to broaden participation in indirect primaries.

The report recommends that political appointees should not serve as voting delegates or aspirants. Clause 89(3) and (4) were repealed to strengthen compliance with party primary rules and criminalise inducement of delegates.

Spending limits for elections were increased under Clauses 93 and 94, while penalties for nomination offences under Clause 120(2) were raised from N50 million to N75 million.

The House of Representatives approved a provision prescribing a 10-year jail term or a N75 million fine for forging nomination papers or result forms, alongside stiffer penalties for voter card misuse.

It rejected a proposed two-year jail term for inducement of delegates but approved deductions for over-voting and prosecution of presiding officers.

Other provisions include penalties for denial of access to electoral materials, a N50 million administrative fee for party registration, limits on court intervention in party affairs, and increased campaign finance ceilings.

 

 

 

 

 

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