The National Assembly has taken steps to fast track the legal framework for the conduct of the 2027 general election, summoning a joint committee public hearing on the repeal and re-enactment of the Electoral Act 2025.

The Electoral Act Repeal and Re-enactment Bill contained far reaching reforms to the electoral system including early voting for certain categories of Nigerians, inmate voting, replacement of elected legislators who either resigned or died before the expiration of their tenure, single day voting for all elections.

It also tends to reduce the period of litigations in electoral disputes, frivolous applications for review of election results, nullification of respected lawmakers and replacing them after inauguration among others.

Parties that field candidates who are not eligible to contest an election or present documents that are false are to be disqualified by the court from such election alongside the offending candidate.

Even though the joint Committee on Electoral Matters has scheduled a single public hearing with a view to fast tracking the process, the Nation observed that there are two electoral acts to repeal and amend bills before the National Assembly, with the Senate and House of Representatives having different versions.

For example, it was discovered that while the House of Representatives version has provision for early voting for certain categories of Nigerians as well as a new method of replacing elected lawmakers who either died or resigned or is incapacitated, the Senate version does not have the same provision.

While the House bill took steps to end series of bye elections arising from resignation and death of elected members of the state and National Assembly, proposing that parties who sponsored the lawmaker who died or resigned be made to produce his replacement, the Senate Bill is silent on it even as INEC and the Inter Party Advisory Council (IPAC) appear to be in favour of it.

It also set aside a date for security personnel; officials of the Commission; accredited domestic observers; accredited journalists; and ad-hoc staff of the Commission to cast their votes under a procedure to be determined by the Commission, adding that “a person whose name is on the early voter’s list shall not vote on the official day scheduled for the respective election.”

The proposed law is silent on the use of Permanent Voters cards for accreditation during elections, but states that “a person intending to vote in an election shall present himself to a Presiding Officer for accreditation at the polling unit in the constituency in which his name is registered, and shall provide any of “(a) an electronically-generated voter identification, including a downloadable voter’ card with a unique QR code; or (b) any other form of identification as may be prescribed in section 10 (2).

The Senate Bill is also silent on this provision.

The new law makes it mandatory for funds meant for the conduct of the election to be released to the Commission not later than one year before the conduct of the general election as against the old practice which made it mandatory.

Sources at the Commission said not all funds meant for the 2023 general elections were released to the commission.

Also, the proposed amendment seeks to restrict election expenses by individuals and the parties with Presidential candidates not expected to spend more than N10 billion as election expenses (increased from N5 billion), while governorship candidates are restricted to an election expense of N3 billion, an increase from N1 billion in the 2022 electoral Act.

Those seeking election into the Senate, House of Representatives, state Houses of Assembly, Chairmanship and Councillorship election are restricted to election expenses of N500 million, N250 million, N30 million (for State Assembly and Chairman) and N10 million respectively.

It also states that “no individual or other entity shall donate to a candidate more than N500 million” for the purpose of the election.

The new bill also seeks to amend provisions of the Electoral Act to provide for the disqualification by the court of a candidate who provides false information in the process of filing his nomination paper as well as his political party that failed to do due diligence on the candidate.

The new law provides that where a candidate who contested a party primary has reasonable ground to believe that the information given by his political party candidate or documents submitted are false, he is free to file a suit at the Federal High Court

It said further in the new section 29(6) that “where the court determines that any of the information contained in the affidavit is false only as it relates to constio requirements not eligibility, the court shall issue an order disqualifying the candidate and the sponsoring political party.

The new section also states that a candidate who does not meet the qualification stipulated in the law and present himself to the political party shall be liable on conviction to a fine of not less than N5 million, while the political party that presents such a candidate will be liable to a fine of not less than N10 million.

To mitigate against litigation arising from missing logos, the bill proposes that INEC shall invite political parties nominating candidates for election to come and inspect its identity appearing on a sample of relevant electoral materials 60 days before the elections and such parties are expected to communicate their observations to the commission within two days in writing.

It said further that unless the political parties disapprove of its identity in writing, it shall not complain of unlawful exclusion from the election in relation to its identity appearing on electoral materials.

The bill is silent on electronic transmission of election results, but said in section 60(5) that “the presiding officer shall transmit the results in using the total number of accredited voters to the next level of collation,” while Section 65 vests the power to ask for a review of the election results on the returning officer.

The commission is powered to review when it is satisfied that the results were declared under duress, while section 62(9) seeks to punish a returning or collation officer who intentionally collates and announces false results.

Section 74 makes it mandatory for a Resident Electoral Commissioner to make available certified true copies of documents within 7 days, saying such REC shall be liable on conviction to a two year imprisonment without an option of a fine for refusing to make the CTC available.

Apparently to reduce the proliferation of political parties, the new law increased the administrative fees to be paid by intending parties before their application is considered ?50 million while leaders of such associations that provide false information shall ?20 million.

Clause 27 of the proposed law said elections at all levels shall be held not earlier than 210 (Senate bill says 360 days) days and not later than 30 days before the expiration of the tenure of office of the occupants of the office, adding that “where a vacancy occurs in any of the Houses mentioned in subsection (1) more than 90 days before the date of general elections, an election shall be held to fill such vacancy not later than 30 days after the occurrence of the vacancy.”

The 2022 electoral act makes it mandatory for INEC to declare a notice of election 360 days before the conduct of the election with the proposed law saying “without prejudice to subsections 1 and 3 above, apart from off-circuit elections, all the elections shall hold the same day”.

It also state that political parties shall not be allowed to change or substitute its candidate whose name has been submitted under section 28 of this Act, except in the case of death or withdrawal by the candidate in accordance with Section 30, provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold another primary election to produce and submit a new candidate to the Commission for the election concerned.

Clause 40 of the law states that “where an elected member of a Legislative house at any level of government resigns, dies or is otherwise unable to continue in office before the expiration of the tenure for which the member was elected, the political party under whose platform the member was elected shall have the mandate to nominate a replacement from within the party in accordance with the procedure for nomination of candidates in section 84 (2).”

The law also required every political party to submit its register of members, both in soft and hard copy to the commission not later than 30 days before the conduct of any party primary, congresses of convention, adding that “only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.”

It also states that “a party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election. A political party shall not use any other register for party primaries, congresses and conventions except the register submitted to the Commission”.

The proposed law also provide that “a political appointee at any level shall not be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”, adding that “notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress”

“Where a court finds that a political party failed to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.

“A person that financially or materially induces a delegate for the purpose of influencing the outcome of the party primaries, congresses and conventions commits an offence and is liable on conviction to imprisonment to a term of two years without an option of fine.

“Nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of a suit”.

While requiring that an election petition be filed within 21 days after the date of the declaration of results of the election, the proposed law states that it also says that every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit.

It said further that “the Election Tribunal or court shall deliver its judgement in writing within 90 days (Senate bill says 150 days) from the date of filing the petition, while appeal arising from the decision of an Election Tribunal or court shall be filed not later than 14 days from the date of delivery of judgement appealed against. An appeal arising from the decision of an Election Tribunal or court shall be heard and determined not later than 60 days from the date of filing the appeal.

On pre-election matters, it said, “A court in every pre-election matter shall deliver its judgement in writing within 90 days from the date of filing the suit. An appeal from a decision in a pre-election matter shall be filed within 14 days from the date of delivery of the judgement appealed against. An appeal from a decision of a Court in a pre-election matter shall be heard and disposed of within 60 days from the date of filing of the appeal”.

In addition, it said “an election tribunal or court shall not declare any person a winner of an election in which such a person has not fully participated in all stages of the election”.

Furthermore, the proposed law states that “for the purpose of this section, where there is a natural disaster, war or any State or national emergency or any other “force majeure” that prevents the filing of a pre-election, election petition, sitting of a court over a pre-election matter or the sitting of an election petition tribunal or appellate court, the period of the natural disaster, war or any State or national emergency or any other “force majeure” shall not be reckoned with in the computation of time under subsections (3), (4), (5), (6), (7) (8) (9) and 10) of this section”.

While also listing ground on which an election can be questioned, the bill states that “an election may be questioned on any of the following grounds (a) the election was invalid by reason of corrupt practices or noncompliance with the provisions of this Act; or (b) the respondent was not duly elected by majority of lawful votes cast at the election”.

It however said that “an act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election”.

In addition, it seeks to deter frivolous election suits, stating, “Where the court makes a determination that an election is being questioned by a political party or candidate on grounds outside of those provided for under subsection (1), the court shall impose penalties of not less than N5,000,000 on the counsel and not less than N10,000,000 on the petitioner.” (The Nation)