A bill for an act to amend the Electoral Act, 2022 and for Related Matters (HB. 37)

This bill is sponsored by Rep Francis Ejiroghene Waive (APC) representing Ughelli North/Ughelli South/Udu Federal Constituency in Delta State.

The bill which scaled through second reading at the House of Reps yesterday, contains the following amendments as explained by Rep Waive

1. That the Independent National Electoral Commission, INEC, should conduct a fresh registration of voters after every 10 years.

The lawmaker explained that the current exercise of validation and continuous registration as inscribed in Section 10 of the Electoral Act does not do enough to remove persons who are deceased or those involved in double registration.

He advocates that Section 10 be amended to cater for a fresh and clean Voters Register every 10 years.


2. That all elections hold on same day

Considering the enormous amount involved in conducting elections on different days and also been affected, sometimes, by having to postpone elections due to unforseen circumstances, the lawmaker in his sponsored bill proposes the Presidential, Governorship, National Assembly and State Houses of Assembly General Elections hold on the same day.

Asides off-cycle elections in Kogi, Bayelsa, Imo, Ondo & Edo States, the lawmaker stressed that this will help remove the bandwagon effect after Presidential Elections.


3. Compulsory Electronic transmission of results

The bill cites an amendment to Section 60, Sub-section (5) of the Electoral Act 2022.

The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.

The lawmaker held that the section as it stands is vague and interpreted differently by our Courts hence proposes;

The presiding officer shall transfer and/or transmit the results including total number of accredited voters and the results of the ballot ELECTRONICALLY.


4. Frivolous litigants should be fined heavily

The lawmaker queried that many of the petitions at the tribunal shouldn't have been filed, stressing that it consumes money and time. He stressed that someone with 100 votes will go to Court to challenge someone with 60000 votes in a very frivolous petition.

He seeks that the NASS amends Section 130, sub-section 2 of the Electoral Act 2022

In this Part “tribunal or court” means —
(a) in the case of Presidential election, the Court of Appeal; and
(b) in the case of any other elections under this Act, the election tribunal established under the Constitution or by this Act.

He proposes that those who bring such petitions should be fined heavily, if determined by the Courts to be frivolous.

His Proposal:
Notwithstanding Sub-section 1 above, any person who presents a frivolous petition to the tribunal shall be liable to pay a huge fine to the respondents if the Court so determine that the petition be frivolous and a waste of time.

Your thoughts?

I support amendments 1, 2 & 3.

No 4 is inconsistent with the powers of the Courts, it is only they that should decide whether or whether not a fine should be attached or whether a suit is frivolous or not.

No 3 still doesn’t state that the electronic transmission must happen at the polling unit.

Without that caveat, a presiding officer can still conduct the election and decide that he doesn’t want to transmit the result at the polling unit, he can do it at his office as long as he does it electronically

Transmitting the votes electronically does not mean there will be 100% transparency. During the 2023 presidential election, even though Tinubu and Atiku won some polling units in Anambra state, the results were changed by INEC staff in favor of peter obi.


https://www.google.com/amp/s/punchng.com/tribunal-how-peter-obi-rigged-out-atiku-in-anambra-witness/%3famp

Live voting should have been better off

They should be a heavy fine on a party who prevent others from voting for a candidate of their choice. Like what some people were prevented from voting in Lagos

socialmediaman:
No 3 still doesn’t state that the electronic transmission must happen at the polling unit.

Without that caveat, a presiding officer can still conduct the election and decide that he doesn’t want to transmit the result at the polling unit, he can do it at his office as long as he does it electronically

The bolded is very instructive.

4. Frivolous litigants should be fined heavily
The lawmaker queried that many of the petitions at the tribunal shouldn't have been filed, stressing that it consumes money and time. He stressed that someone with 100 votes will go to Court to challenge someone with 60000 votes in a very frivolous petition.

Good one
you can't stupeedly claim victory of an election from a 3rd position and not go home with a fine, heavy one.

I’m surprised this kind of bill is coming from an APC Rep Member.

But the big question is, will Tinubu sign it if the lawmakers pass it? I guess not. Because that would be signing his death warrant.

I like especially, the proposal that all elections be held on same day.

Had all elections held on same day in the last election, Labour Party would have had nothing less than 10 governors right now.

I hate the bandwagon effect that comes with whoever is declared president (rightly or wrongly). His party is always has an edge during the governorship elections. So, that’s a good proposal.

Then, mandatory electronic transmission of votes is another good one. But I didn’t see the punishment for failure to do so.

I propose that there should be stringent punishment that would be meted on any INEC staff that fails to keep to any letters of the Electoral Act. And such failure should also invalidate such elections.

But then, will Tinubu sign it?

Paraman:
Transmitting the votes electronically does not mean there will be 100% transparency. During the 2023 presidential election, even though Tinubu and Atiku won some polling units in Anambra state, the results were changed by INEC staff in favor of peter obi.


https://www.google.com/amp/s/punchng.com/tribunal-how-peter-obi-rigged-out-atiku-in-anambra-witness/%3famp

You're expecting a reply shey?

Penguin2:
I’m surprised this kind of bill is coming from an APC Rep Member.

But the big question is, will Tinubu sign it if the lawmakers pass it? I guess not. Because that would be signing his death warrant.

I like especially, the proposal that all elections be held on same day.

Had all elections held on same day in the last election, Labour Party would have had nothing less than 10 governors right now.

I hate the bandwagon effect that comes with whoever is declared president (rightly or wrongly). His party is always has an edge during the governorship elections. So, that’s a good proposal.

Then, mandatory electronic transmission of votes is another good one. But I didn’t see the punishment for failure to do so.

I propose that there should be stringent punishment that would be meted on any INEC staff that fails to keep to any letters of the Electoral Act. And such failure should also invalidate such elections.

But then, will Tinubu sign it?

I think they’re trying to fool Nigerians again.

Requiring electronic transmission without stating that it must happen at the polling unit or be voided will get the hopes of Nigerians high again but the courts and lawyers will again interpret the line to mean they didn’t break any law

I’m quite sure that lawyers were conducted prior to presenting that bill

socialmediaman:


I think they’re trying to fool Nigerians again.

Requiring electronic transmission without stating that it must happen at the polling unit or be voided will get the hopes of Nigerians high again but the courts and lawyers will again interpret the line to mean they didn’t break any law

I’m quite sure that lawyers were conducted prior to presenting that bill

There is going to be a public hearing where some of these amendments can be discussed including others not captured for now.

It's a first step and very commendable, especially as it is coming less than one year into the 10th Assembly.

fergie001:


3. Compulsory Electronic transmission of results

The bill cites an amendment to Section 60, Sub-section (5) of the Electoral Act 2022.

The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.

The lawmaker held that the section as it stands is vague and interpreted differently by our Courts hence proposes;

The presiding officer shall transfer and/or transmit the results including total number of accredited voters and the results of the ballot ELECTRONICALLY.

Your thoughts?

This section should be amended to include that the presiding officer shall transfer and/or transmit the results electronically right at the polling unit


Also, collation should be done electronically

1. Proposal one is a waste of money for government and waste of time for citizens unless we can do online for those who already registered.
It will simply discourage existing voters.

2. This will only increase electoral violence as no candidates are under spotlight. Off-cycle elections are less violence-prone on average to full elections. It will also increase the bandwagon effect that the lawmaker is trying to fight. Incompetent candidates will simply get elected because another popular candidate is on the ballot for a different position.
A better proposal is to hold the governorship elections first, then presidential to follow. In that way, the bandwagon effects will be removed.

3. This one makes sense but it achieves nothing if it doesn't recognise online collation. So after transmission, then what?

4. Make sense.

My proposal 5. It is time to prune our political parties by deregistering parties with less than 10M members in national elections and 5% of states population in local ones. Or political parties should pay substantial application fees to be featured on ballots to prevent wastage from printing of mushroom party logos.

2 and 3 won't see the light of the day

I am not moved or impressed one bit. The legislative, executive, security agencies and INEC are all stakeholders in the criminal capture of state. Same problem, same cycle of oppression

Ok

Amendment on rigging abi?

socialmediaman:
No 3 still doesn’t state that the electronic transmission must happen at the polling unit.

Without that caveat, a presiding officer can still conduct the election and decide that he doesn’t want to transmit the result at the polling unit, he can do it at his office as long as he does it electronically

Bold it

On Your Wedding Day, Mr Mahammod Yakubu Appears as Surprise Gift from your Spouse to be, will you Continue with the Wedding?

Okay

you guys are playing, nothing works in a lawless society, they should just hand the country over to the military.

Anything less than live voting is shamb amendment