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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