NewsNigeria ElectionsBREAKING: Key Provisions Of The New Electoral Act Law You Should Know

ABUJA — President Muhammadu Buhari has finally signed the Electoral Act Amendment Bill into law.

The president has withheld assent to the Electoral Act Amendment Bill a total of 5 times between February 2018 and November 2021. But today, February 25, 2022, at the Council Chamber of the Presidential Villa in Abuja, the President gave assent to the bill, which many Nigerians believe will give the country hope of a better electoral process.

Here is the summary of some key provisions in the Electoral Act Amendment Bill that President Buhari signed into law today.

According to Section 3(3) of the law, funds for general elections must be released to the Commission (INEC) at least one year before the election.

Section 8(5) criminalizes an act by any individual who misrepresents or fails to disclose his/her membership, affiliation, or connection to any political party in order to secure an appointment with INEC in any capacity.

Section 28 states that the Commission (INEC) shall issue a notice of election, stating the date and place at which nomination papers are to be delivered not later than 360 days before the appointed election day.

Section 29(1) stipulates that parties must conduct primaries and submit their list of candidates at least 180 days before the general elections. This list must emerge from valid primaries conducted by the political party.

According to Section 33 of the law, the only ground political parties can change or substitute a candidate whose name has been submitted to the Commission (INEC) is if the candidate dies.

In instances where a candidate dies, Section 34 gives political parties power to conduct a primary election to replace the deceased candidate who died during an election.

Section 47 legalizes the use of smart card readers and any other voter accreditation technological devices that INEC deploys.

Section 50 gives INEC the legal backing to determine the procedure for voting at an election as well as the transmission of results; either electronically or manually.

Section 51(2) states that the total number of accredited voters will become a factor in determining over-voting at election tribunals. In instances where the number of vote casts surpasses the number of accredited voters in the polling units, the law empowers the Presiding Officer at the polling unit to cancel the results of the election in that polling unit.

Section 54(2) makes provisions for people with disabilities and special needs by stipulating that INEC should take reasonable steps to ensure that persons with disabilities (PWD), special needs, and vulnerable persons are assisted at the polling unit.

Section 64(9) of the law criminalizes any act of false collation and announcement of results by a returning or collation officer. If a returning or collation officer intentionally collates and announces a false result, such a person commits an offence which is liable on conviction to a fine of N500,000 or imprisonment for a term of at least 3 years or both.

Section 65 gives INEC the power to review results declared under duress. That is, declaration of result not done voluntarily or made contrary to the provisions of the law, regulations, guidelines, and manuals for the election.

Clause 84 stipulates that anyone holding a political office – ministers, commissioners, special advisers, and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.

Section 94(1) of the law allows for the early commencement of political campaigns. By this provision, the period of campaigning in public by political parties is now set to commence 150 days to the election day and end 24 hours prior to the day.