Legal experts at the weekend hailed the signing into law of the Electoral (Amendment) Act, 2022, by President Muhammadu Buhari, but expressed concern over implementation of the Act.
The Electoral Act (Amendment) Bill 2022, which was finally assented to by President Buhari on Friday, has finally paved the way for the implementation of much-debated electronic transmission of election results.
But the legal experts, who spoke with BusinessDay, believe that not much has been put in place to allow for seamless transmission of electronic results, especially with regards to the 2023 presidential election.
Wole Olanipekun, a senior advocate of Nigeria, while describing the new law as “particularly remarkable”, however, urged the Independent National Electoral Commission (INEC) to “hit the ground running” on its implementation.
Olanipekun applauded the President for assenting to the law allowing for electronic transmission of results.
Speaking further on implementation, Olanipekun said INEC must also ensure that it engages with all the political parties to agree with the parties on what is possible in terms of transmitting election results.
“They need to engage the parties to enable them know where there are facilities for electronic transmission of results and where facilities don’t exist.
“As far as I am concerned, it is a good thing, but I believe it is behind schedule. You don’t sign bill into law when election is a few months away,” he said.
According to him, “When the law makes provisions, modalities should be on ground for implementation, otherwise, you set a ground for failures.
“Now that he has signed, INEC should hit the ground running. We hope this portend an opportunity for a better election for Nigeria and also hope that those who will implement it will give effect to all the provisions.”
Ostia Nwanjo, in his view, sees the signing of the Bill as a welcome development since it would allow for the electronic transmission of results.
Drawing inferences from the recently concluded Area Council election in Abuja, Nwanjo believes that INEC’s inability to effectively ensure transmission of result exposed their weakness, which must be addressed before the 2023 election.
The creation of new polling units in some wards and deployment of the Bimodal Voter Accreditation System (BVAS) deployed by the Independent National Electoral Commission (INEC), during that election led to disenfranchisement of many voters in the FCT polls.
This is just as in some units; many voters were unable to vote due to the faulty biometrics machines deployed by the INEC.
Nwanjo also faulted the attitudes of some INEC officials who are in the habit of substituting well trained INEC staff for ad-hoc workers to collect gratifications.
“Our fear is that INEC may not be able to sincerely implement the new Act, due to the set up of the Commission,” he said.
According to Nwanjo, the new law has the potentials for checking electoral malpractices, including election rigging, snatching of ballot boxes, tearing or alterations of results sheets.
“For the first time in the conduct of elections in Nigeria, if the new law is sincerely and properly implemented, it will guarantee at least 60percent assurances that votes counts,” he said.
Nwanjo while kicking against the President’s request for amendment of section 84(12) of the Electoral (Amendment) Act, 2022, however, advised the lawmakers to ensure that the law is immediately gazette.
“You do not sign a law, subject to an amendment. The usual global best practice is to first amend and then sign into law, but now that this has been signed into law, I advise the law makers to ensure that it is quickly gazetted, unless the President did not actually sign it into law,” he said.
He berated those seeking consensus approach in electing candidates, adding that “the issue of consensus will not allow for free will which is the beauty of democracy. Those advisers are wrong. They still want to manipulate the election.”
According to him, “The issue of consensus is always misapplied in Nigeria; consensus is only valid if it is an arrangement reached amongst the contestants.
“I must confess that I have a mixed feeling over this new law, while I believe will go a long way to allowing for free and fair elections. I also believe that some people want to use consensus to manipulate the process.”
Modibo Bakari, also a legal practitioner, while welcoming the new law, faulted the call by President Buhari for an amendment to section 84(12) which he believes is a “ploy to pave way for serving political office holders to manipulate the process for personal gains.”
Bakari said: “Everyone is trying to extract their own; they do not have the love of Nigeria or Nigerians at heart. They have tried to change provisions that are not in their favour. That is why they keep trying to manipulate the process.”
Senate president, Ahmad Lawan, commended his colleagues for working to ensure the passage of the Electoral Act Amendment Bill 2010.
Lawan, who was speaking on request for an amendment by the President to Section 84(12), expressed hope that the President will send the necessary amendment bill early enough.
“I hope that they will send the request for the amendment in good time. Because time is of essence, INEC is waiting, and because we don’t want to spill over some of these dates, unnecessarily.
“We will be expecting a communication from Mr. President with respect to this. And then the National Assembly in both chambers will look into the request for amendment but I on the whole I think this is a wonderful development for this administration, for Nigeria, for the evolution and development and growth of democracy in Nigeria.
Speaker of the House of Representatives, Femi Gbajabiamila, believes it is a landmark piece of legislation which has far-reaching effect on the nation’s democratic process.
“I mean, it has far reaching implications of the provisions contained therein. I can count off head at least 10 to 15 provisions in that electoral law, that if properly executed by INEC, and the people who the laws are made for, it will be a turning point in electoral Electoral history of Nigeria,” he said.
