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Tag: Electoral Act

  • BREAKING: Controversial Compulsory Voting Bill withdrawn

    BREAKING: Controversial Compulsory Voting Bill withdrawn

    The bill for an Act to amend the Electoral Act (2002) to make it mandatory for all eligible Nigerians to vote in all national and state elections has been withdrawn from the House of Representatives.

    TheNewsGuru.com (TNG) reports the bill sponsored by the Speaker of the House, Abbas Tajudeen and Daniel Ago had scaled second reading in the House of Representatives before it was withdrawn on Monday.

    The bill sought to curb voter apathy during elections and punish eligible Nigerians who failed to participate during elections.

    “The bill proposed to introduce mandatory voting for Nigerians of voting age in general elections both at the national and state levels.

    It sought to amend the relative provisions of the Electoral Act of 2022 to reflect the obligations while also allowing for limitation and justified exemptions where necessary.

    Reps withdraw compulsory voting bill

    The Speaker of the House of Representatives, Rep. Tajudeen Abbas announced the withdrawal of the compulsory voting bill on Monday.

    The Bill to Amend the Electoral Act 2022 to make voting mandatory for all eligible Nigerians was sponsored by the Speaker and co-sponsored with Rep. Daniel Adama Ago.

    In a statement by his Special Adviser on Media and Publicity, Musa Krishi, in Abuja on Monday, Abbas said the withdrawal was decided following extensive consultations with a broad spectrum of stakeholders.

    “He has decided to withdraw the Bill to Amend the Electoral Act 2022 to make voting mandatory for all eligible Nigerians, which he co-sponsored with Rep. Ago.

    “From the outset, the Bill was introduced with the best of intentions, which is to bolster civic engagement and strengthen our democracy by encouraging higher voter turnout,” he said.

    He said that compulsory voting had long been practised with notable success in countries such as Australia, Belgium and Brazil.

    According to him, it has helped sustain participation rates above 90 per cent, while nations like Argentina and Singapore have also implemented similar measures to foster inclusivity at the ballot box.

    The speaker however, acknowledged that lawmaking is ultimately about the people it serves, and that any reform must respect individual freedoms and public sentiment.

    “Rather than compel participation, he is committed to exploring positive incentives and innovative approaches that will make voting more attractive and accessible to all Nigerians.”

    “This withdrawal would allow time for further dialogue on how best to cultivate a culture of voluntary participation that honours both our democratic ideals and the rights of our citizens.”

  • Senate: Bill to enhance elections, cut costs passes second reading

    Senate: Bill to enhance elections, cut costs passes second reading

    A bill seeking to amend the Electoral Act 2022, has passed its second reading in the Senate.

    The bill seeks to address existing gaps, reduce election expenses, and allow elected officeholders to serve as ad hoc delegates in political party conventions.

    Its passage followed the presentation of the lead debate on the general principles of the bill by its sponsor, Sen. Saliu Mustapha (APC-Kwara), during Thursday’s plenary session.

    It is titled “A Bill for an Act to amend the Electoral Act 2022 to provide for the participation of elected officeholders as statutory delegates, the scheduling of Elections on the same day, and the Reduction of the Campaign Period, 2025.

    ”The proposed legislation seeks to enhance the electoral process and cut costs.

    Leading the debate, Mustapha noted that while the Electoral Act 2022 was a significant improvement over the repealed 2010 Act, it still contained notable gaps that needed to be addressed.

    “It is worth noting that despite its improvements, the 2022 Electoral Act has not significantly reduced the financial burden of elections on the Federal Government of Nigeria.

    “The proposed amendments aim to create a more efficient and cost-effective electoral process that will encourage greater citizen participation,” he said.

    He further highlighted the rising cost of elections in Nigeria, stating that the budget for general elections had surged from ₦1.5 billion in 1999 to ₦350 billion in 2023, an increase he described as unsustainable and detrimental to the democratic process.

    To mitigate these costs, Mustapha proposed holding all elections on the same day to minimise expenses associated with prolonged campaigns and staggered voting.

    “Same-day elections will not only help the government reduce costs but will also increase voter turnout and promote greater citizen engagement in the electoral process,” he added.

    Following deliberations, Deputy Senate President Jibrin Barau, who presided over the plenary, referred the bill to the Senate Committee on Electoral Matters for further legislative action.

  • AGF lacks power to prosecute offences under Electoral Act – Court

    AGF lacks power to prosecute offences under Electoral Act – Court

    The Federal High Court in Abuja on Monday, declared that the Attorney-General of the Federation (AGF) and Minister of Justice lacked the power and authority to initiate, maintain and prosecute offences under the Electoral Act, 2022.

    In a judgment delivered, Justice Inyang Ekwo held that only the Independent National Electoral Commission (INEC) could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

    NAN reports that the judgement was delivered in a suit filed by Oladipupo Adebutu, the 2023 Ogun governorship candidate of the Peoples Democratic Party (PDP) and nine others.

    The plaintiffs had in the suit marked: FHC/ABJ/CS/1038/23, sued the AGF and Minister of Justice as sole defendant.

    The plaintiffs had in their originating summons prayed the court to stop the office of the AGF from prosecuting them over an allegation of vote-buying levelled against them by Gov. Dapo Abiodun of Ogun and the All Progressives Congress (APC).

    They prayed the court to hold that the AGF cannot initiate, commence and continue the prosecution of electoral offences under the provisions of the Electoral Act, 2022 in view of Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

    They asked the court to determine whether the prosecution of electoral offences under the Electoral Act, 2022, was not the exclusive reserve of INEC in line with Section 145(2) of the Electoral Act and Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

    Justice Ekwo, in his judgment, agreed with the plaintiffs that only INEC could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

    The judge further held that the initiation, commencement and prosecution of electoral offences under the Electoral Act, 2022, by the office of the AGF and Minister of Justice was a violation of Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution and Sections 144 and 145(2) of the Electoral Act and the Independence of INEC

    He said that  the action of the defendant by exercising the power to prosecute the plaintiffs, in a manner not in accordance with the law, was ultra vires.

    According to him, the power of the AGF to take over any proceedings can be challenged if the exercise of the power is not in accordance with the law.

    The court, however, did no grant some of the  prayers of the plaintiffs, saying, that would amount to tampering with decisions of courts of coordinate jurisdiction.

    He held that the plaintiff had established his case according to the law and was entitled to justice.

    The plaintiffs in their suit prayed the court to determine “whether since the facts which formed the fulcrum of charge No. AB/10c/2023 are also the facts which formed the defence and response/allegations of Dapo Abiodun and the APC at the Ogun State Governorship Election Petition Tribunal, the filing of the charge was not subjudice and an abuse of court processes capable of overreaching the tribunal.

    “Whether the initiation of criminal prosecution against the plaintiffs, who are PDP members by the AGF, who is a member of the APC in respect of the dispute which emanated from the March 18, 2023 governorship election in Ogun state is not an abuse of power, illegal, invalid and void.”

    The plaintiffs prayed the court to declare that, it was out of the power of the AGF to arraign, maintain and continue their prosecution for alleged electoral offences before the Ogun State High Court in charge number: AB/10c/2023.

    They sought an order of perpetual injunction restraining the AGF from arraigning and continuing their prosecution for alleged offences created under the Electoral Act in charge before the Ogun High Court.

    An affidavit in support of the plaintiffs’ originating summons averred that Dapo Abiodun and the APC, through the Ogun APC chairman, Yemi Sanusi, wrote a frivolous and baseless petition to the AGF, accusing the first plaintiff (Adebutu) of vote buying during the governorship election.

    It said that the APC therefore called for his (Adebutu’s) investigation after he had filed his election petition before the tribunal.

    It said the AGF, through the Director of Public Prosecution, wrote to the police asking them to investigate the petition of Sanusi, which culminated in the police inviting the first plaintiff to report at their office on May 2, 2023.

    The affidavit averred that the AGF used an interim report of an investigation, which had not been completed, to file a charge against the plaintiffs and arraigned them before the Ogun High Court, Abeokuta division.

    The affidavit said that the charge alleged the offence of vote buying against the plaintiffs during the state governorship election, even when INEC never wrote to the police to investigate any vote buying allegation against the first plaintiff.

  • Why we will amend Electoral Act in 2024 – Speaker Abbas

    Why we will amend Electoral Act in 2024 – Speaker Abbas

    Speaker of the House of Representatives Rt. Hon. Tajudeen Abbas has said part of the priority legislation before the House in the coming 2024 is the review of the Electoral Act, 2022.

    Speaker Abbas said the Act, as it is today, has made Nigeria’s electoral system to be over dependent on the judiciary.

    “The outcomes of elections should be decided at the polling unit and not in a courtroom. The ‘over-judicialisation’ of electoral outcomes has greatly undermined public confidence and could erode the legitimacy of political leadership if not quickly and adequately addressed.

    “The citizens’ town hall on electoral reforms made far-reaching recommendations that would be considered in amending the Electoral Act,” he stated.

    Speaker Abbas made this known in his address at the opening of plenary on Saturday, the last sitting for 2023.

    The Speaker noted that the House recognised the importance of electoral reforms in strengthening democratic institutions.

    Consequently, he said the legislative chamber took the lead in soliciting citizens’ input on the Electoral Act 2022 and their recommendations to strengthen it, towards delivering more free and fair elections, and to “reduce the judiciary’s influence on the electoral process.”

    He noted that as representatives of the people, it was essential that the House involved citizens in its key processes and decision-making, adding that it was in line with this that the House organised a citizens’ town hall on the 2024 Appropriation Bill, where Nigerians were given the opportunity to express their views on how the budget could better address the specific needs of all citizens, especially those at the grassroots.

    He stated: “The House remains committed to engaging citizens in its activities and ensuring the law-making process is open and inclusive. In the coming years, the budget will be taken to the people at the constituency levels to allow them also to make inputs.”

    The Speaker stated that since its inauguration on June 13, 2023, the 10th House has been “a beacon of democratic values and a testament to the power of collaborative governance.”

    He said the lawmakers took the oath of office “at a particularly challenging period in our nation’s history,” stating that, “There is no need to repeat these challenges, given that they are too well familiar to us.”

    Speaker Abbas stressed that the House remains responsive and committed in its efforts towards ameliorating “the suffering of our constituents and contributing to Nigeria’s overall peace and development.”

    Collectively, the Speaker said members of the House had lived up to the mantra of the ‘People’s House’.

    “We have deliberated on crucial matters that impact the lives of every Nigerian and worked tirelessly to enact laws that will shape the future of our great nation.

    “We considered a wide range of issues, including peace and security, social welfare, healthcare, education, infrastructure development, economic growth, and more.

    “Through robust debates, bipartisan collaboration, and dedication to our constitutional responsibilities, we have passed crucial bills and resolutions that will shape the trajectory of our nation for years to come,” he said.

    The Speaker said in the last six months, the House recorded some legislative landmarks that have the potential of impacting the lives of the citizens positively.

    “Our legislative outputs in the last six months are remarkable,” Speaker Abbas said, noting that the House received and considered 962 bills, over 500 motions, and 153 petitions.

    “Of these numbers, 120 bills passed Second Reading stage and “are currently undergoing further review and refinement to address some of the concerns raised during the debates.”

    The Speaker added that another 120 bills had been referred to committees for in-depth analysis. “We have also successfully passed many other bills, which have been transmitted to the Senate for concurrence,” he stressed, notable among which are the Electricity Act (Amendment) Bill, 2023; the Federal Audit Service Act (Amendment) Bill, 2023; 2022 Supplementary Appropriation Act (Amendment) Bill, 2023; and the Oath Act (Repeal and Enactment) Bill, 2023.

    Other critical bills passed by the House include the Control of Small Arms and Light Weapons Bill, 2023; Federal Fire and Rescue Service Bill, 2023; Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2023; Niger Delta Development Commission Act (Amendment) Bill, 2023; Nigerian Medical Research Council (Establishment) Bill, 2023; Nigerian Peace Corps (Establishment) Bill, 2023; and more recently, the South East Development Commission (Establishment) Bill, 2023.

    Speaker Abbas stressed that the Defence Industries Corporation of Nigeria (Repeal and Re-enactment) Bill 2023 that the House passed was assented to by President Bola Ahmed Tinubu on November 23, 2023.

    He noted: “It repealed the 1964 legislation and replaced it with a more contemporary legislation that empowers the Defence Corporation to manufacture, store and dispose of ordinance.”

    The Speaker stated: “All these bills are intended to provide immediate relief and long-term solutions to the challenges that have plagued our society. Through these bills, we aim to empower our citizens, enhance social justice, promote economic growth, and promote peace and security.

    “Over the same period, the House received and resolved over 500 motions, many of which brought to the attention of the House and the nation pressing matters affecting the people. I have always considered motions to be one of the most potent tools of legislative representation.

    “They show that the legislature, better than any other institution, is best placed to articulate the needs of the people and how to address them. Notable motions the House considered include oil theft, student loans, job racketeering, JAMB, firearms, COVID-19 fund mismanagement, 3 per cent contribution to host communities and the petroleum subsidy regime.

    “In response to the issues raised, the House constituted ad hoc committees to conduct investigative hearings and make recommendations for necessary legislative actions. I am glad to announce that out of the 30 ad hoc committees, 25 have laid their reports before the House for consideration, while four have been considered. In addition to bills and motions, the House also received 153 petitions, which are receiving necessary legislative actions.”

    Speaker Abbas also lamented that the House suffered “some misfortunes,” including the deaths of member-elect representing Jalingo/Yorro/Zing Federal Constituency of Taraba State, Ismaila Maihanci; Hon. Abdulkadir Danbuga (Isa/Sabon Birnin Federal Constituency of Sokoto State); Mojisola Ayobami, the young daughter of Hon. Benjamin Adeyemi Olabinjo; and the father of Hon. Solomon Wombo, His Royal Highness, the Ter Katsina-Ala, Dr. Benjamin Fezan Wombo.

    “On Wednesday, 27th December, 2023, we also received with shock and sadness news of the demise of the Rt. Hon. Ghali Umar Na’Abba, Speaker of the 4th House of Representatives. Hon. Na’Abba was an icon of the legislature and a dedicated lawmaker and patriot,” he said, after which the lawmakers rose for a minute in silence in their honour, while the Speaker prayed for the souls of the deceased rest in peace.

  • NASS expresses readiness to amend Electoral Act

    NASS expresses readiness to amend Electoral Act

    The National Assembly says it is committed to ensuring timely amendment of the Electoral Act, to enhance transparency, and accountability in the electoral processes.

    Senate President, Godswill Akpabio, said this at the citizens’ townhall on electoral reforms organised by Yiaga Africa in collaboration with the Senate and House of Representatives Joint Committee on Electoral Matters in Abuja on Tuesday.

    Akpabio, represented by his Chief of Staff, Mr Sylvester Okonkwo, commended Yiaga Africa for the initiative targeted at  addressing the crucial issues of electoral reforms.

    “For the electoral process, we are committed not only to go along with the people on the call for reforms on electoral legal framework but at the same time protect the independence of the electoral commission and restore the trust of the people in the electoral process.

    “This administration is ready to work with anyone and everyone that is interested in the progress and development of this nation.

    “This is not only on issues on electoral reforms, but also in formulating legislative initiatives and politics that will revamp our economy and put us on the driving seat of  industrial and  economic advancement,” he said.

    Sen.Sharafadeen Alli, the Chairman, Senate Committee on Electoral Matters, said that the Committee had promised to make the electoral process in Nigeria impeccably seamless, free, fair and credible.

    “For us in the Senate, we have already commenced the implementation of a pragmatic Electoral Reform Work Plan (ERWP) which is centered on: training and exposure to best applicable practice.

    “There have been calls for a review of the electoral legal framework to lessen the excessive responsibilities and expectations placed on the electoral umpire to strengthen its capacity to perform,” he said.

    The Speaker, House of Representatives, Rep .Tajudeen Abbas, represented by Rep. Patrick Umoh, the Chairman, House Committee on Legislative Agenda, said that it was imperative to address existing loopholes and challenges within the electoral processes.

    “There is no gainsaying the fact that credible elections are the bedrock of any democracy and Nigeria stands the risk of reversing the gains of the last two decades if we do not fix our elections.

    “This townhall presents an invaluable opportunity for us to listen to your perspectives, concerns, and recommendations regarding electoral reforms.

    “The 10th House of Representatives is committed to championing legislative initiatives that promote fairness, transparency, and accountability in our electoral processes,” he said.

    The Chairman, House Committee on Electoral Matters, Rep. Bayo Balogun, said the  meeting was to facilitate the consultative process of identifying the ambiguity, complexity and the inadequacy in the electoral legal framework.

    Bayo said that in doing that, there was need to highlight the reforms in order of priorities for the 10th National Assembly to implement.

    He said that so far over 20 memoranda on issues ranging from on unbundling INEC, mode of appointment of INEC chairman and Commissioners, Diaspora voting, elections and election result management among others had been received.

    Former INEC Chairman, Prof. Attahiru Jega, said that the Electoral Act 2022 was the best Nigeria had had so far but there was still a lot of room for improvement.

    “If we want to improve our politics and electoral processes, it is necessary to proscribe cross carpeting from one party to another; it is very important.

    “I think the reason they do this is because of the challenges they face in the primaries force many of them to move to other parties where they can find a platform to contest.

    “However, this undermines the fundamental essence of democracy, because people elect candidates under a platform and under a programme.

    “So it is really unbecoming for them to just abandon that to another party,” he said.

    Mr Samson Itodo, the Executive Director, Yiaga Africa, said that there were several good things about the 2022 Electoral Act like the technologies introduced and the impact they made at the 2023 general elections.

    Itodo said that Nigerians were asking questions like ,why the incremental reforms in the Act did not  led to attitudinal changes on the part of different actors within the  political process.

    “Nigerians are asking, why is it that  the more the reforms ,the more the attack on the institutional independence of INEC ,Nigerians are also asking ,why is it that there is incremental reforms but there is an erosion of public trust in the electoral process ?

    “Nigerians are asking, why is it that we have reforms year in year out but the more reforms, the more difficult it is to obtain electoral justice?

    “These questions being asked by Nigerians are not misplaced, because Nigerians do care about the country and we care about the electoral process,” he said.

    Itodo said that Yiaga Africa highlighted five key priorities to put on the agenda which included the need to unbundle INEC and create other agencies to take some of its responsibilities.

    “As it stands, INEC needs to breathe; INEC is struggling to breathe because there are enormous responsibilities vested on the electoral commission.’’

    He said there was need for  the establishment of an electoral offences commission, a political party regulatory and registration commission  and the need to guarantee the independence of the Electoral Commission.
    “Nigerians are demanding a review in the appointments process of national commissioners and resident electoral commissioners to avoid appointing partisan individuals,” he said.

    He added that Nigerians were also demanding for the review of the timelines for conducting or concluding election petitions so that all election petitions could be concluded before swearing in.

    He said that Nigerians were also demanding that electronic transmission of results should be made mandatory ,as well as the introduction of diaspora voting and  early voting for critical stakeholders on election duty.

    “We hope that this reforms will lead to attitudinal changes on the part of our political class and  deepen the independence of our democratic institutions, as well as  protect the voting rights of citizens,’’he said.

  • READ Peter Obi’s summary of grounds of Appeal, argues 2022 Electoral Act was rendered impotent

    READ Peter Obi’s summary of grounds of Appeal, argues 2022 Electoral Act was rendered impotent

    PEPC makes a complete “nonsense” of the chief objectives of the provisions of the Act

    Peter Obi the presidential candidate of the Labour Party, LP in the last general elections in one of his grounds of appeal declared that the PEPC rendered the 2022 Electoral Act impotent in its decision.

    TheNewsGuru.com, (TNG) reports the summary gives briefs on the LP’s candidate’s 51 grounds of Appeal to the Supreme Court.

    Read the summary below:

    “Although the appeal filed by Peter Obi and Labour Party to the Supreme Court against the Judgment of the Presidential Election Petition Court (PEPC) is based on fifty-one (51) grounds of appeal, the major complaints they raised against the Judgment are as follows; that:

    1) The PEPC was wrong when it struck out the witness statements on oath of ten (10) out of the thirteen (13) witnesses called by the Petitioners on the ground that the statements were filed after the expiration of the period of twenty-one (21) days prescribed by the 1999 Constitution (as amended) for them to file the statements. They complain that the decisions of the Supreme Court and the Court of Appeal which the PEPC cited in support of the decision is not applicable to the facts of this case. That the Court of Appeal, in coming to the above decision, refused to follow its previous decisions in many cases, which were cited and submitted to it, that a subpoenaed witness need not file his statement alongside the petition and any such statement filed after the time allowed for filing the Petition is competent and valid. (See Grounds 10, 11, 12, 13 and 14 of the Notice of Appeal).

    2) The PEPC was also wrong when it struck out the witness statements on oath of the Petitioners’ witnesses (i.e. PW4, PW7 and PW8 who were Expert Witnesses) on the ground that they were persons interested in the outcome of the Petition. The failed to consider and appreciate the decisions of the Supreme Court to the effect that a person interested means “a person who has a pecuniary or other material interest in the result of the proceedings – a person whose interest is affected by the result of the proceedings, and therefore, would have a temptation to pervert the truth to serve his personal or private ends”. That the PEPC failed to take into account that in this case, there is no evidence on record in the instant case that any of the Petitioners’ witnesses had any pecuniary or material interest in the result of the proceedings.

    It is also their complaint here that by the decisions of the Supreme Court, a person interested does not mean “an interest in the sense of intellectual observation or an interest purely to same party. It means an interest in the legal sense which imports something to be gained or lost”. That the interest of PW4, PW7 and PW8 in relation to the documentary evidence produced by them, on subpoena, was merely products of intellectual exercise. The PEPC ought not to have struck out their evidence on this ground. (See Ground 15 of the Notice of Appeal)

    3) The PEPC was wrong when it decided that the electronic transmission of results with the Bimodal Voter Accreditation System (BVAS) from the polling units to the IReV is not mandatory under the provisions of the Electoral Act, 2022; and that INEC has a discretion whether or not to use BVAS to upload and transmit the results. That in coming to this conclusion, the PEPC relied on the decision of the Federal High Court in Suit No: FHC/ABJ/CS/1454/2022 and refused and ignored the recent decision of the Supreme Court in OYETOLA v. INEC (2023) LPELR-60392 (SC) that the use of BVAs to scan and transmit the results of the election from the polling units to the IReV is “part of the election process” under the new legal regime governed by the Electoral Act, 2022. That the PEPC also ignored the decision of the Supreme Court in OYETOLA’s case that “the Regulations provide for the BVAS to be used to scan the complete result in Form EC8A and transmit or upload the scanned copy of the polling unit result to the Collation System and INEC Result Viewing Portal (IReV)….”

    It is their further complaint that contrary to the decision of the PEPC, the use of BVAS to transmit the election results to IReV under the present legal regime governed by the Electoral Act 2022 is mandatory. They contend in coming to the above decision, the PEPC overlooked the provisions of Paragraph 2.9.0 on page 36 of the Manual for Election Officials, wherein INEC stated the mischief the introduction of electronic transmission of results was meant to remedy under the new Electoral Act 2022 under the sub-heading “Electronic transmission/upload of election result and publishing to INEC Result Viewing (IREV) Portal”, wherein INEC explained that:

    “One of the problems noticed in the electoral process is the irregularities that take place between the Polling Units (PUS) after the announcement of results and the point of result collation. Sometimes results are hijacked, exchanged, or even destroyed at the PU, or on the way to the Collation Centers.”

    The PEPC also failed to consider that in the same Manual and Guidelines, INEC stated that: “it becomes necessary to apply technology to transmit the data from the Polling Units such that the results are collated up to the point of result declaration. The real-time publishing of polling unit-level results on IREV Portal and transmission of results using the BVAS demonstrates INEC’s commitment to transparency in results management.”

    They further complain that since INEC itself had stated in the same paragraph 2.9.0 of the Manual for Election Officials that this commitment is backed by Sections 47(2), 60(1, 2 & 5), 64(4)(a & b) and 64(5) of the Electoral Act 2022, the PEPC was wrong when it held that the provisions of the Manual on electronic transmission of results is in conflict with the Electoral Act. They make the case that since the provisions of the Manual complement the provisions of the Electoral Act 2022 in this respect, there is no conflict between the provisions of the Electoral Act and the Guidelines and Regulations; and the issue of the Electoral Act superseding or prevailing over the Guidelines does not arise in the circumstance. (See Grounds 16, 17, 18, 21, 22, 23, 24, 25, 26, 27 29, 30, 31 and 32 of the Notice of Appeal)

    4) The PEPC was wrong when it refused to hold that since INEC had represented and assured the whole world in the exhibits and video recordings tendered by the Petitioners in Court that it [INEC] was going to use the BVAS to transmit the results of the election from the polling units to the IReV electronically as mandated by the Electoral Act 2022, INEC could not turn around in this case to now argue that it had discretion on whether to use the BVAS or not.

    The decision of the PEPC makes a complete “nonsense” of the chief objectives of the provisions of the Electoral Act 2022. Contrary to the decision of the PEPC, “it is clear from the pleadings and evidence adduced that the failure of the 1st Respondent to upload and transmit the results of the elections from the polling unit to IReV as mandated by law substantially affected the outcome of the election, in that the credibility, integrity and transparency of the entire election process were compromised and could not be guaranteed.” (Grounds 25 and 28 of the Notice of Appeal)

    5) The PEPC was wrong when it declined jurisdiction to determine the issue of disqualification of the 2nd Respondent (Tinubu) based on the alleged double-nomination of his Vice-President. The PEPC ignored and refused to follow its previous decisions wherein it had relied on extant decisions of the Supreme Court and emphatically held that issue of double-nomination as raised by the Appellants herein is an issue of qualification that can comfortably be brought and ventilated under 138(1)(a) of the Electoral Act 2010 (as amended), now Section 134(1)(a) of the Electoral Act, 2022.

    6) The PEPC was wrong when it came to the conclusion that the Petitioners did not prove their case of double-nomination of the Vice-President (Kashim Shettima) because the law and evidence tendered in Court does not support that conclusion. (See Grounds 33, 34 and 35 of the Notice of Appeal)

    7) The PEPC misapplied the provisions of Section 137(1)(d) of the 1999 Constitution (as amended) when it reasoned and concluded that the 2nd Respondent (Tinubu) was not disqualified from contesting the Presidential Election based on the forfeiture orders made against him by the US District Court. The PEPC wrongly read the provisions of Section 137(1)(e) of the Constitution (which is a different and independent provision) together with Section 137(1)(d) of the Constitution and concluded that there is no evidence that the 2nd Respondent had been arrested, charged and convicted by a Court of Law to warrant his disqualification from contesting the election.

    They complain that the interpretation given by the PEPC is contrary to settled principles of interpretation and the abundant binding case law cited and commended to it on the meanings of “fine” and “forfeiture”. The Court below failed to give a broad, liberal and purposive interpretation to Section 137(1)(d) of the 1999 Constitution (as amended) as laid down and enjoined by the Supreme Court in cases too numerous to mention. (See Grounds 36, 37, 38, 39, 40, 41, 42, 43 and 44 of the Notice of Appeal)

    8) The PEPC was wrong when it decided that a winner of Presidential Election does not need to score at least 25% of the votes cast in the FCT, Abuja, under Section 134(2)(b) of the 1999 Constitution (as amended). It is complained that the PEPC ought not to have relied on the Preamble to the Constitution to interpret the provision because the provision is clear and unambiguous. The law is that the Preamble in an enactment (including the Constitution) can only be resorted to in order to “clarify any ambiguity in the words used in the enacting part”; and it “cannot be used so as to give a different meaning to the clear wording of a provision.” They also contended that the PEPC introduced and relied on extraneous matters/considerations in its interpretation of Section 134(2) of the 1999 Constitution (as amended) because the issue before the Court was not whether or not the FCT has a “special status” over other States; or whether or not every citizen of Nigeria has the equality of vote; or whether or not the right of every such citizen to elect their President whose policies are supposed to and will affect all of them equally regardless of which part of the country they reside or live” as erroneously invented by the Court below. (See Grounds 45, 46, 47, 48 and 49 of the Notice of Appeal).

  • Why 2022 Electoral Act is a game changer – By Evaristus Bassey

    Why 2022 Electoral Act is a game changer – By Evaristus Bassey

    By Evaristus Bassey

    Recently Buba Galadima was quoted as saying that they in New Nigeria Peoples Party (NNPP) have moved on and are preparing for 2027 or 2031, as election tribunals in Nigeria have never taken the seat from someone who had been declared incumbent. As a matter of fact, until Kenya supreme court declared the country’s 2017 presidential election null and void and directed for a rerun within sixty days, no African nation ever tampered with a declared presidential election result no matter how flawed it was. So historically, Buba Galadima is correct. It has never happened in Nigeria, and this is because of the available legal framework at the time.

    Prior to 2023, it was easier for a camel to pass through the eye of a needle than for a presidential petition to even have a glimmer of hope of succeeding. This was because it was simply impossible to provide proof, owing to the sheer volume of evidence needed. The presidency is the only office that has the entire nation as its constituency, therefore any petition regarding electoral infractions was required to show that it was nationwide and substantial enough to affect the entire outcome. Witnesses would have to be drawn from all over the nation for oral evidence. The logistics of bringing these witnesses to testify against malpractices from all around the country, accounted partly for the failure of the petitions. More importantly, it wasn’t possible to prove that the malpractices were substantial enough to affect the entire outcome of the elections. So yeah, there was rigging as alleged and probably proven, but was that enough to affect the elections that took place all over the country? The answer was always a resounding no, even with the 2007 elections that Y’Ardua personally confessed were flawed. Winners could rest on their oars knowing that their win couldn’t be disproved. So long as you managed to have yourself declared president-elect, you were good to go. If the defendants could not show that there was substantial noncompliance, then the respondents would usually win the case.

    The electoral act 2022 is however a game changer. Section 62(1) and (2) empower INEC to establish a form of electronic register of results which come directly from polling units which would be accessible to the public. Above all, Section 137 of the Act states that “It shall not be necessary for a party who alleges noncompliance with the provisions of this Act for the conduct of elections to call for oral evidence if originals or certified true copies manifestly disclose the non-compliance alleged.”

    Whereas Buhari failed to sign the Act before the 2019 elections, the signing of the revised electoral act a year before the 2023 elections has been the greatest act of the Buhari administration because it attempts to bring sovereignty back to the people. We admire the western world because of their high human development index. When sovereignty resides with the people, leaders are accountable to the people because they could be sacked in the next elections if they don’t perform well. This puts some responsibility on leaders to perform accountably. There is therefore a great link between democracy and development. I know that many Arab states have woken up to being highly developed and yet they are not democratic. The need to open up to the world, and the need to be competitive in a global market economy have been drivers for these Arab nations, notwithstanding the stupendous oil wealth. It remains a truism however that where leaders are truly chosen by the people, there is greater responsiveness towards their needs and their development. Apart from perhaps the 1999, the 2011 and the 2015 elections which to a great extent reflected the will of the people, most other elections since the beginning of a new republic in 1999 have been manipulated by vested interests. The 2022 electoral act provides the opportunity for accountable leadership because invariably, when the act is devoid of manipulations, the people will choose their leaders.

    Unlike previous electoral acts, the most outstanding provision was that on electronic voting systems. Section 47(2) allows for the introduction of smart card reader or other technologies for the purpose of accreditation, verification, and authentication of voters. This was absent in the 2015 revised act of 2010. In the 2010 electoral act section 52 had made an outright ban on electronic voting. The 2015 amendment removed the ban but made no express approval of electronic means, rather saying that voting shall thenceforth be in accordance with the procedure determined by INEC.  This provision is what empowered INEC to come up with the card reader as a means of accreditation in the 2015 elections. However, after the appeal court sacked Wike and Udom based on over-voting that was non-compliant with the smart card-reader accredited voters, the supreme court ruled that card reader had no place in the law. This helped save Buhari’s neck against Atiku in the 2019 petition, as INEC denied having a server. In the 2022 act however, when it comes to over-voting, INEC is empowered in Section 51(2) to use the number of accredited voters to check overvoting. Section 64(4-5) empowers collating and returning officers to use the number of accredited voters and the votes recorded and transmitted directly from the polling units to support the announcement of results, as Section 62(1) and (2) empowers INEC to establish a form of electronic register of results from polling units which would be accessible to the public. This is what INEC refers to as the iRev. INEC upgraded the smart card reader eventually to a biometric device that not only checks the authenticity of the permanent voter’s card but confirms the biometrics of an individual – BVAS.

    The digital footprints cannot therefore be left untraced and the iREV is indeed a tool for forensic experts to examine and assess discrepancies since results are to be transmitted in real time to the iREV. Most importantly section 137 of the Act may have whittled down the importance of oral evidence where certified true copies exist. Whereas previously oral evidence was a herculean task, the 2023 election petitions do not have a need for so much oral evidence as the evidence itself has come from INEC in certified true copies! Whether at gubernatorial level or presidential level, the 2022 electoral act has made evidence easier to gather, with the emphasis on certified true copies.

    Social media access, where citizens freely took pictures of their polling unit results, as results were required by law to be announced at polling units and signed off by polling agents, has been a veritable means of assessing the credibility of INEC, and eventually the credibility of the courts. Through this means, people have realized how much of a fraud INEC is, as very many results showed disparity between what was announced at polling units and what was displayed eventually.

    Whatever is the outcome of the cases in the courts, it will not be for lack of evidence, it will be the presence of extra-judicial factors. The judiciary would either give fillip to electoral banditry and enhance the recklessness and brigandage of the political class by its ruling or simply bolster citizen confidence in which case the fear in citizens of complete state capture by vested interests would be allayed. Whatever the courts rule eventually, as law abiding citizens, Nigerians will have to accept and live with the pain or with the hope. What is certain is that Nigerians will no longer be taken by surprise as the malpractices of the 2023 elections will be anticipated in subsequent elections and apprehended by the people.

  • Elections: Court dismisses LP’s suit against INEC on transmission of results electronically

    Elections: Court dismisses LP’s suit against INEC on transmission of results electronically

    A Federal High Court, Abuja has dismissed a suit filed by the Labour Party (LP) seeking to compel the Independent National Electoral Commission (INEC) to adopt electronic method in transmitting 2023 election results.

    Justice Emeka Nwite, in a judgment, held that Section 52(2) of the Electoral Act, 2022, cited by counsel to the party, Monday Mawah, provided for voting and transmission of results in accordance with the procedure to be determined by INEC.

    According to him, this is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted.

    The copy of the judgment delivered by Justice Nwite on Jan. 23, prior to the Presidential and National Assembly elections held on Feb. 25, was gotten by the NAN on Thursday.

    LP, through its lawyer, had, on Aug  22, 2022, filed the originating summons marked: FHC/ABJ/CS/1454/2022 to sue INEC as sole respondent.

    The party asked the court to determine whether having regards to combined effect of Sections 47 (2), 50 (2), 60(4), 60 (5) and 62 (1)(2) and other relevant provisions of the Electoral Act, 2022 the commission can still insist on manual collation of results in the general elections.

    The LP sought two injunctive reliefs in the event that the question was resolved in its favour.

    These include: “A declaration that the respondent has no power to opt for manual method other than the electronic method provided for by the relevant provisions of the Electoral Act, 2022.

    “An order of this honourable court directing/compelling the respondent to comply with the Electoral Act, 2022 on electronic transmission of result in the forthcoming general elections. ”

    However, INEC neither responded nor filed any process in the suit.

    Mawah, in his argument submitted that in view of the provisions of the law, manual collation of result was unknown to the Electoral Act, 2022 and therefore must be rejected or disallowed by the court.

    Delivering the judgment, Justice Nwite said: “it is indeed a trite law that the function of the court is no more than interpreting the law.

    “In interpreting the law, the court is enjoined to interpret the status as they are without going outside them to bring in what the court would think was intended,” citing previous case to back his ruling.

    According to him, the functions, roles and duties of the court in interpretation of statute is to give meaning and effect to clear and unambiguous word of the statute.

    The judge said from the argument of the plaintiff’s counsel, the bone of contention or the sections that sought for interpretation were Sections 50(2) 60(5) and 62(2) of the Electoral Act, 2022.

    He said Section 47(2) as cited by the lawyer only dealt with accreditation of voters using a Smart Card Reader but not collation or transmission of result as postulated by him.

    “The provision of Section 60(5) of the Electoral Act, 2022 as cited above has provided for the transfer of election result including the total number of the accredited voters from the polling unit.

    “Section 62(2) on the other hand provides for compilation, maintenance and continuous update of the register of election result as distinct database for all polling units’ results as collated in all elections conducted by the commission.

    “The said Section 62(2) has mandated that such register of election results shall be kept in an electronic format by the commission at its national headquarters.

    “Now a close reading of Section 50(2) has provided for voting and transmission of result to be done in accordance with the procedure to be determined by the commission.

    “This is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted,” he said.

    Nwite equally held that Section 60(5) empowered the polling unit’s presiding officer to transfer the election results including the total number of accredited voters and results of the ballot in a manner to be prescribed by INEC.

    “This is also to say the commission is again at liberty to prescribe to the Polling Units’ Presiding Officers the manner in which to collate and transfer the election results as well as the accredited number of voters in an election under the Act.

    “In view of the foregoing, can the act of the defendant (INEC) in collating and transferring election results manually in the forthcoming 2023 general elections be said to be contrary to the relevant provisions of the Electoral Act, 2022?

    “The answer can only be in the negative as there is no wherein the above cited sections where the commission or any of its agents is mandated to only use an electronic means in collating or transferring of election result.

    “If any, the commission is only mandated to collate and transfer election results and number of accredited voters in a way or manner deemed fit by it.

    “In view of the above, I find that by the provisions of Sections 50(2) and 60(5) of the Electoral Act, 2022, the correct interpretation of the said statutes is that the defendant (Independent National Electoral Commission) is at liberty to prescribe the manner in which election results could be transmitted and I so hold,” he said.

    The judge consequently dismissed the suit.

  • NDI/IRI Election Observation Mission scores INEC far below average in its interim report

    NDI/IRI Election Observation Mission scores INEC far below average in its interim report

    …says Electoral Act 2022 fell short of Nigerian’s reasonable expectations

    … insists INEC lacks transparency

    The International Republican Institute (IRI) and National Democratic Institute (NDI) Joint Election Observation Mission (IEOM), led by Her Excellency Dr. Joyce Banda, former President of Malawi in its interim report says the Electoral Act 2022 fell short of Nigerian’s reasonable expectations.

    The report stated that: “Despite large crowds in some polling stations and long waits, Nigerian voters demonstrated commitment to participate in the process and a strong desire to have their voices heard.”

    “The NDI/IRI 40-member joint IEOM was deployed across all six geopolitical regions of the country and observed all stages of the voting process. Their observations informed preliminary findings and 27 practical recommendations to improve future elections.

    “The mission notes that despite the much-needed reforms to The Electoral Act 2022, the election fell well short of Nigerian citizens’ reasonable expectations.

    “Logistical challenges and multiple incidents of political violence overshadowed the electoral process and impeded a substantial number of voters from participating.

    “Ongoing currency and fuel shortages also imposed excessive burdens on voters and election officials, and Nigerian marginalized groups, especially women, continue to face barriers to seeking and obtaining political office.

    “The delegation observed that late opening of polling locations and logistical failures created tensions and the secrecy of the ballot was compromised in some polling units given overcrowding.

    “At the close of the polls, challenges with the electronic transfer of results and their upload to a public portal in a timely manner, undermined citizen confidence at a crucial moment of the process.

    “Moreover, inadequate communication and lack of transparency by the Independent National Electoral Commission’s (INEC) about their cause and extent created confusion and eroded voters’ trust in the process.

    “The combined effect of these problems disenfranchised Nigerian voters in many areas, although the scope and scale is currently unknown.

    “Despite these issues, Nigerians once again demonstrated their commitment to the democratic process. Voters displayed extraordinary resilience and resolve to have their voices heard through the ballot, and INEC administered a nationwide election according to the electoral calendar for the first time in the country’s recent history.

    “As the nation awaits the results of the February 25 polls and the Nigerian people prepare for upcoming gubernatorial elections, we urge political actors and their supporters to remain calm and exercise restraint.

    “The mission encourages INEC, the government, political actors, and civil society to redouble their efforts to deliver on citizen expectations for transparent and inclusive elections, and to ensure that electoral outcomes are a credible expression of the voters’ will.

    “The delegation is grateful for the hospitality and cooperation it received from all Nigerians with whom it met. IRI and NDI will continue to watch the remaining phases of the electoral process, including the announcement of official results and swearing-in of newly elected officials. The delegation’s work was possible thanks to support from USAID.

  • What Gov Adeleke told President Buhari about new Electoral Act

    What Gov Adeleke told President Buhari about new Electoral Act

    President Muhammadu Buhari hosted Osun State Governor Ademola Adeleke, who was at State House, Abuja on Friday on a thank you visit.​

    Governor Adeleke, elected on the platform of the People’s Democratic Party (PDP), said he was at the State House to appreciate the President for providing a level playing field in the election that held in July last year.​

    He said: “I had waited patiently for this appointment, and was praying fervently for it to happen. It’s a dream come true for me to see you, and have a handshake.

    “I am a beneficiary of the new Electoral Law you signed, as it paved the way for free and fair elections, ruling out ballot box snatching and stuffing.​

    “The security agencies followed your instruction to be fair and firm, and I am so proud of you. You are a true father, regardless of political party differences.”​

    The governor believed that free and fair elections would be one of the greatest legacies President Buhari would bequeath to the country, as the development was already being applauded home and abroad.​

    He gave his priorities in the State as development of agriculture, education, and investment drive.​

    Among requests Adeleke made were; support on infrastructure development, a proposed new economic city and free trade zone, tax credit, and other Federal facilities in Osun.

    The governor, who later spoke to State House correspondents,  lauded President Buahri for giving his assent to the new Electoral Act, which he said paved the way for a free and fair elections in the country.

    Adeleke, who was at the State House for the first time since assuming office in November last year, believed that the adoption of the new electoral law led to his election as Governor of Osun.

    According to him, the introduction of the new Electoral Act has changed the global perspective about Nigeria.

    He said: “I am happy to tell you that I just saw our President, looking so well, looking so good and I’m happy about that.

    ”Since my election, I feel like I should come and say hello to Mr President and thank him for signing that Electoral Act because I benefited from it.

    “That paved way for free and fair elections and the international community is applauding Nigeria that Nigeria is set for democracy.

    ”So that is why I’m here today; to see him, thank him and wish him well in his remaining time in office.”

    He said Osun was expecting support from the federal government, following his visit to the seat of power.

    “We discussed nothing much, that’s the main reason. We just greeted some of the other things I already submitted and I will see the Chief of Staff for us to discuss on the way forward for the federal government to assist Osun State,”  he added.