- Proposed Amendments/Provisions to Enable Diaspora Voting
In order to address the electoral injustice faced by Nigerians living in the diaspora, it is recommended that Sections 77(2) and 117(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Section 12(1) of the Electoral Act, 2022, be amended to read as follows:
Section 77 (2) CFRN 1999
Every citizen of Nigeria, who has attained the age of eighteen years residing within or outside Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election.
Section 12 (1) (a) – (e) of the Electoral Act 2022 can be amended by adding subsection (f) to read as follows.
A person shall be qualified to be registered as a voter if such a person—
(a) is a citizen of Nigeria;
(b) has attained the age of 18 years;
(c) is ordinarily resident, works in, originates from the Local Government, Area Council or Ward covered by the registration centre;
(d) presents himself to the registration officers of the Commission for registration as a voter; and
(e) is not subject to any legal incapacity to vote under any law, rule or regulations in force in Nigeria.
(f) The Independent National Electoral Commission shall establish guidelines to enable a citizen resident outside Nigeria, who has attained the age of 18 years, to be registered as a voter and to vote in any election in Nigeria. - Proposed Amendments/Provisions to Enable Independent Candidacy
In order to address the limitations imposed on independent candidacy in elections, the following amendments to the Constitution and the Electoral Act, 2022, are proposed:
Section 221 (1) and (2) CFRN 1999
(1) A political party shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.
(2) A person, not being a member of a political party, may canvass for votes and fund his or her own election expenses as an independent candidate in an election.
Section 65 (1) CFRN 1999
Subject to the provisions of section 66 of this Constitution, a person shall be qualified for election as a member of:
(a) the Senate, if he is a citizen of Nigeria and has attained the age of 35 years; and
(b) the House of Representatives, if he is a citizen of Nigeria and has attained the age of 30 years;
(2) A person shall be qualified for election under subsection (1) of this section if:
(a) he has been educated up to at least School Certificate level or its equivalent; and
(b) he is either an independent candidate or a member of a political party and is sponsored by that party.
Section 106 CFRN 1999
Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if –
(a) he is a citizen of Nigeria;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate level or its equivalent; and
(d) he is either an independent candidate or a member of a political party and is sponsored by that party.
Section 131 CFRN 1999
A person shall be qualified for election to the office of the President if –
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is either an independent candidate or a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.
Section 142 CFRN 1999
(1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate sponsored by a political party for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.
Provided that where such person is an independent candidate he shall nominate another independent candidate as his associate for his running for the office of President, who is to occupy the office of Vice-President.
Section 177 CFRN 1999
A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
(c) he is either an independent candidate or a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.
Section 101 Electoral Act 2022
A person shall be qualified for election under this Part of this Act if he or she—
(a) is a citizen of Nigeria;
(b) is registered as a voter;
(c) has attained the age of 25 years for Councilor and 30 years for Chairman and Vice Chairman;
(d) is educated up to at least School Certificate level or its equivalent; and
(e) is either an independent candidate or a member of a political party and is sponsored by that party.
Section 42 (1) Electoral Act 2022
The Commission shall prescribe the format of the ballot papers, which shall include the symbol of the candidate’s political party or, in the case of an independent candidate, the image of the candidate, along with any other information the Commission may require.
(2) The ballot papers shall be numbered serially with differentiating colours for each office being contested.
(3) The Commission shall, not later than 20 days to an election, invite in writing, the independent candidate or a political party that nominated a candidate in the election to inspect its identity appearing on samples of relevant electoral materials proposed for the election and the independent candidate or political party may state in writing within two days of being so invited by the Commission that it approves or disapproves of its identity as it appears on the samples.
(4) Unless the independent candidate or the political party disapproves of its identity under subsection (3) in writing, it shall not complain of unlawful exclusion from the election under this Act in relation to its identity appearing on electoral materials used for the election.
(5) An independent candidate or political party that fails to comply with an invitation by the Commission under subsection (3) shall be deemed to have approved its identity on samples of electoral materials proposed to be used for an election. - Proposed Amendments/Provisions to Enable Electronic Transmission of Election Results
The means of addressing the challenges associated with the electronic transmission of results to the National Electronic Register of Election Results is to remove the wide discretion currently granted to the Independent National Electoral Commission (INEC) in determining the process for transmitting election results. In other words, there is a need for an explicit provision in the Electoral Act mandating that election results be electronically transmitted from each polling unit to the National Electronic Register of Election Results. This would, of course, require an amendment to the Electoral Act. It is, therefore, proposed that the relevant sections of the Electoral Act 2022 be amended to read as follows::
Section 50 (2) Electoral Act 2022
(2) Subject section 63 of this Act, voting at an election and transmission of results under this Act shall be in accordance with the procedure provisions in this Act.
Section 60 (1) – (5) Electoral Act 2022
(1) The Presiding officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the Commission as the case may be.
(2) The form shall be signed and stamped by the presiding officer and counter signed by the candidates or their polling agents where available at the polling unit.
(3) The presiding officer shall give to the polling agents and the police officer where available a copy each of the completed forms after it has been duly signed as provided under subsection (2).
(4) The presiding officer shall count and announce the result at the polling unit.
(5) The presiding officer shall electronically transmit the results including total number of accredited voters and the results of the ballot to the National Electronic Register of Election Results.
Section 62 (1) Electoral Act 2022
After the recording, announcement and electronic transmission of the result to the National Electronic Register of Election Results, the presiding officer shall deliver the result along with election materials under security and accompanied by the candidates or their polling agents, where available, to such person as may be prescribed by the Commission.
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Very apt. I am 💯 %in support
This is highly commendable. Independent candidacy will significantly sanitize the rot in our electrical system
INEC must be reformed
This is good. But can the academic qualification for the office of the president be peg at first degree certificate?
This secondary level looks somehow for someone that will be leading us as the president.
Commendable sir, next is the draconian law gagging freedom speech and expression
Results should not be announced until voters who came out to vote have voted.
Each party must have a representative in each polling unit who will only leave the polling unit after the votes have been counted and uploaded on the server and with a copy of the voting results
I’ll like to add that Every citizen of Nigeria, who has attained the age of eighteen years residing within or outside Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election *must have a valid international passport, national ID, or drivers licence as a means of identification*.
Criminal minded politicians can exploit diaspora voting as a means to manipulate the process.
The election should take place same day) from lower class to upper class. (State of assembly to President) and supreme court should conclude election petition before swearing in.
INEC requires significant reforms, and the responsibility of appointing the INEC Chairman should not rest solely with the President to ensure greater independence and impartiality
Electoral reform encouraging diaspora voting is supposed to have been in vogue due to the intercontinental spread of Nigerian citizens in other countries who wishes to exercise their franchise. The Judiciary and the Military needs to be reformed too where we will carefully look at their lapses and inconsistencies in exercising their duties to be able to extract the corrupt ones in the system to restore full sanity back in the system.
While this amendment accomodates diaspora voting and independent candidature as well as emphasizing electronic transmission of results, I think our electoral law should also ensure serious punishment like that for treasonable felony for electoral malpractices of any kind. We should further place all public office holders on minimum wage and a lump sum payment upon meritorious completion of their terms in office. Let’s eradicate politics as a profession and institute the art of selfless service.
💯 in support
I totally support these proposed amendments. However, we must strive to move away from the point where hard copies of election results are moved from point A to B, to a situation where all results reflects on the Electoral body’s data or results server as the votes are being cast. Thank you sir for a great work.
This is very good.
The idea of local government and state level collation center should be scrap out because that’s where all manners of rigging take place. Everything should be electronically devoid of Manuel interference.
Announcement of results after voting should be re announced if for any reason there’s a glitch,
Vote buying, and other electioneering malpractice should have stringent consequences.
Haven’t read carefully the draft bill, I would say it is very welcoming and very good for the purpose of having a transparent election, but nevertheless we still to address the area of punishment for any electoral officers for guilty of electoral fraud and as well as a serious punishment for the chairman of the commission if caught in electoral malpractice, very welcoming indeed if I may say
Beautiful work sir, I do have a few observations
1. For some reason don’t think putting the age for president makes too much sense as though someone who is 30 or 35 is incapable of holding such position especially when we now have an academic bench which say school cert
2. I would prefer that academic qualification should be raised higher and emphasis on verifiable. So for president at least a Masters while other HND or BSc
3. For electronic transmission, I believe also having a provision to guide real time viewing would make so much sense. So once it’s transmitted the agents goes to verify to know if it’s truly showing on the dashboard before the electoral officer leave the polling unit
4. The area of diaspora voting is very important but also requires strict laws to guide it, I feel that section has to be looked into the more like how would they vote, mode of verification and others issues like that should be greatly considered
I propose at least a First degree academic qualifications for the office of the President, Governor, Senate and House of Representatives.
President should not be appointing INEC chairman.