Prof Attahiru Jega, the former Chairman of the Independent National Electoral Commission (INEC), has called for comprehensive amendments to the Electoral Act of 2022. While acknowledging that the current electoral law is a milestone in Nigeria’s history, Jega emphasized that it is not without imperfections. He highlighted the need for amendments to eliminate ambiguities, provide clarity, and strengthen certain sections of the Act.
Jega made these remarks during a two-day retreat organized for senators by the National Institute for Legislative and Democratic Studies (NILDS) in Ikot Ekpene, Akwa Ibom State.
The key amendments proposed by Jega encompass various aspects of the electoral process, with the aim of enhancing transparency and efficiency:
1. **Mandatory Electronic Transmission of Results:** Jega called for amendments that would make the electronic transmission of election results mandatory from the next general elections scheduled for 2027. This move seeks to bolster the integrity of the electoral process.
2. **Depoliticizing INEC Appointments:** Jega recommended that the President should be divested of the power to appoint the chairman and National Commissioners of INEC. This measure is intended to ensure that the electoral commission operates impartially and without partisan influence.
3. **Resolution of Election-Related Cases:** Jega proposed that the electoral law be revised to ensure that all cases arising from the conduct of elections are resolved, and judgments are rendered before the date of swearing-in. This would expedite the resolution of electoral disputes and enhance the stability of the political landscape.
4. **Clarifying Transmission of Election Results:** To address concerns about the clarity of section 64 of the Electoral Act, which governs the transmission of election results, Jega recommended clarifications. These clarifications would make it compulsory to transmit election results, including uploading polling unit level results and result sheets used at various levels of result collation.
5. **Early Voting and Diaspora Voting:** Jega advocated for the introduction of early voting for eligible voters on election duty, such as INEC staff, observers, security personnel, and journalists. He also proposed the introduction of diaspora voting, at least for presidential elections, to enable citizens abroad to participate in the electoral process.
6. **Enhanced Inclusion of Women:** Jega emphasized the need to enhance the inclusion of women in political leadership by setting a requirement for up to 35% of elective positions in parliament and all political parties’ candidate lists.
7. **Prohibiting Cross-Carpeting:** Jega recommended proscribing cross-carpeting not only for members of the National Assembly but also for elected executives, governors, and chairpersons of local government areas. He suggested empowering INEC to prepare for elections to fill vacancies arising from cross-carpeting.
8. **Candidate Withdrawal and Disqualification:** Stringent conditions for candidate withdrawal and replacement should be established to prevent abuse. INEC should be empowered to screen and, if necessary, disqualify candidates who provide false information or engage in forgery and other forms of criminality.
9. **Transparent INEC Appointments:** To ensure transparency and non-partisanship in the appointment of INEC officials, Jega recommended a process that minimizes the involvement of the President. A joint committee of the National Assembly should oversee appointments, with criteria for transparency, non-partisanship, and stakeholder engagement.
These proposed amendments aim to strengthen Nigeria’s electoral system, enhance its transparency, and ensure that electoral processes are conducted with integrity and fairness.