Nigerian lawmakers amend Electoral Act, approve stiffer penalties for electoral offences

The House of Representatives on Wednesday advanced plans to comprehensively reform Nigeria’s electoral legal framework, approving and amending several critical provisions of the Electoral Act Amendment Bill during clause-by-clause consideration at the plenary session.

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The proposed amendments are aimed at strengthening the powers of the Independent National Electoral Commission (INEC), entrenching clearer electoral procedures and closing gaps exposed during recent general elections, particularly in the areas of pre-election litigation, candidate eligibility and electoral offences.

The process followed the presentation of the report by the House Committee on Electoral Matters, as chaired by its Chairman. Adebayo Balogun.

Shortly after the report was laid, the House dissolved into the Committee of the Whole, presided over by Deputy Speaker Benjamin Kalu, to consider the bill in detail.

During the session, lawmakers examined the bill clause by clause, adopting wide-ranging amendments designed to improve transparency, enhance the conduct of elections and significantly reduce post-election disputes.

Clauses 3, 5 and 6, which contain the preliminary provisions and key interpretations under the Act, were approved to align the law with current electoral realities.

One of the major changes approved by the House relates to jurisdiction over pre-election matters. Lawmakers adopted a recommendation that all pre-election disputes should be handled exclusively by the Federal High Court in the state where such disputes arise.

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Presenting the report for the amendment, Mr Balogun explained that the provision was introduced to curb the practice of forum shopping, where litigants file pre-election cases in the Federal Capital Territory or states with no direct connection to the dispute.

However, deliberations became heated when the House considered a proposal seeking to disqualify any candidate found to have supplied false information regarding constitutional eligibility, along with the candidate’s political party.

While some lawmakers opposed the provision, arguing that INEC should instead conduct a fresh election excluding the affected candidate and party, others supported the clause, insisting that it would compel political parties to carry out thorough due diligence before nominating candidates.

The House also approved stringent penalties aimed at deterring electoral malpractice. Under the amended provisions, any returning officer who declares false election results will face a five-year jail term, while failure to record results in the prescribed form but announcing them attracts a 10-year jail term.

Further strengthening INEC’s authority, the House adopted Clauses 10 and 12, which reinforce the commission’s powers over the organisation, supervision and management of elections, including logistics and personnel deployment.

Presiding over the session, Mr Kalu stressed the importance of granting INEC operational independence.

“INEC must have the legal backing to deploy its staff and resources efficiently, without interference, to ensure the smooth conduct of elections,” he said.

In addition, lawmakers approved a two-year jail term for any Resident Electoral Commissioner who fails to release Certified True Copies of election results when required.

Clauses 18 and 22, dealing with voter registration as well as the compilation, maintenance and public display of the voters’ register, were amended to curb manipulation and expand the inclusion of eligible voters.

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The House also approved Clauses 31, 32 and 34, which address party primaries, the publication of candidates’ particulars and qualifications for elective offices. The amendments are intended to reduce pre-election disputes arising from irregular primaries and false declarations of results.

Further approvals were recorded for Clauses 47, 50 and 54, which focus on voting procedures, voter accreditation and the deployment of technology in the electoral process.

However, consideration of Section 51 of the bill was deferred until Thursday.

Explaining the decision, Mr Kalu said the provision was not included in the committee’s report before the House and could not be considered at the session in line with the House rules.

At the end of deliberations, the House adopted the committee’s report as a working document, clearing the way for further consideration of outstanding provisions of the Electoral Act Amendment Bill at subsequent sittings.