Reform: NASS seeks conclusion of election litigations before swearing-in

The National Assembly says it is proposing the conclusion of all election litigation matters before the swearing-in of winners in every election contest organised by the Independent National Electoral Commission (INEC).

The proposed amendment also sought to conduct elections six months before the expiration of tenure of an elected incumbent.

Chairman, House of Representatives Committee on Electoral Matters, Rep. Adebayo Balogun, gave the highlights of some of the proposed amendments at the end of a one-day public hearing on the repeal of the 2022 Electoral Act and enactment of the 2025 Electoral Act.

Balogun said that the aim was to give enough time for disposal of election litigations before swearing-in of declared winners.

He said that Section 285 of the 1999 Constitution as amended would be further amended just as Section 139 would also be amended.

“To ensure that all manner of election litigations are dispensed with, before the swearing-in of winners, we are proposing amendment that will reduce 180 days of tribunal judgement to 90 days.

“The 90 days expected of judgement by Appellate Court to 60 days up to the Supreme Court, which will all not exceed 185 days.”

The News Agency of Nigeria (NAN) reports that highlights of the proposal for the amendments sought in the 2022 Electoral Act indicate that elections into offices should be conducted not later than 185 days before expiration of tenure of the incumbent.

According to the proposal document, Section 4 (7) states that elections into the office of the President and Governor of a State shall be held not later than 185 days before the expiration of the term of office of the last holder of the office.

“For the Federal and State legislators, Section 4(5) of the proposed amendment states that election into the State Houses of Assembly and the National Assembly shall be held not later than 185 days before the date on which each of the Houses stands dissolved.”

On resolving the constitutional impasse against the amendment, the draft proposal showed that Section 28, now Section 27 (5 – 7), was introduced due to amendments to Sections 76, 116, 132 and 178 of the Constitution.

The amendments sought to remove the determination of election timeline from the Constitution to the Electoral Act.

Under continuous registration, Section 10 was proposed for amended to include the use of National Identification Number (NIN) in the voters’ registration requirements.

According to the proposal document, INEC is expected to develop software to enable anybody with NIN to be able to upload it personally for election purpose.

For inclusivity and voting by inmates, it proposed that provision be made for registration and voting by inmates under section 12 (2).

It said that the proposal was in compliance with the existing court judgement that mandated INEC to make provision for inmate voting.

On early voting, the bill also proposed early voting for Nigerians whose official duties prevent them from voting on the main election days.

This, it said, guaranteed their constitutional rights to vote without compromising national security or electoral logistics.

The proposal for compulsory use of permanent voter’s card reflected in Section 18 and 47, deleting Section 22.

While the proposal on notice and timeline of elections in Section 28, now Section 27, was introduced due to sections 76, 116, 132 and 178 of the constitution.

The proposal also listed categories of Nigerians listed for the pre-poll to include security personnel, officials of the commission, accredited domestic observers, accredited journalists and ad hoc staff of the commission.

Other proposed amendments are mandatory electronic transmission of election results, non-compulsory use of permanent voters’ cards among others.

“The Presiding Officer shall transmit the results including total number of accredited voters to the next level of excuses both electronically and manually.

“It criminalises failure of Presiding Officer or Collation Officer who distribute unstamped ballot papers and results sheets, such erring officers will be jailed for one year or pay a fine of N1 million.”

NAN reports that stakeholders who made presentations at the public hearing including the representative of the Independent National Electoral Commission (INEC), Prof. Abdullahi Zuru, aligned with the joint committee’s proposals.

(NAN)

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