Senate passes (Amended) Electoral Act 2010

The Senate has empowered the Independent National Electoral Commission (INEC) to apply the use of electronic instruments including voting machines where necessary in the conduct of elections in the country.

This is a fallout of the adoption of the recommendations in the report of the Committee on INEC which was presented to the Senate on Thursday.

The amended Electoral Act 2010 which is to allow for the use of electronic voting and other devices passed third reading at plenary.

Former Chairman of the Committee on INEC, Abubakar Kyari, who briefed journalists shortly after the plenary, said the new law when assented will modernise the electoral system.

Also amended is the transmission of election results which is now to be done electronically immediately after election is done at the ward, LG and State levels.

Kyari, who stood in for INEC committee chairman, Senator Ali Ndume, who was suspended for 6 months on Wednesday, said that the amendment is however subject to concurrence by the House of Representatives and assent by President Muhammadu Buhari.

They also included provision for 21 days for a new elections and 14 days for primaries for a political party to produce another candidate to replace one who dies during an election.

The amendment now accepts the transfer of votes of a dead candidate to the new one who replaced him since it is assumed the party own the votes and not the individual.

Senate President, Senator Bukola Saraki, who read out the new amendments during the session after deliberation, said they are subject to the final conference report of both Senate and House of Representatives.

According to him, Section 52 of the principal Act is amended by: (a) substituting for subsection (2), a new subsection “(2)”, “(2) The Commission shall adopt electronic voting in all elections or any other method of voting as may be determined by the Commission from time to time. ”

This amendment mandates e-voting without ambiguity but also give the Commission discretion to use other methods if it is impracticable to use e-voting in any election.

Section 8 of the Principal Act is amended by inserting after subsection (4), a new subsection “(5)”, as follows: “(5) A person, who being a member of a political party, misrepresents himself by not disclosing his membership, affiliation, or connection to any political party in order to secure an appointment with the Commission in any capacity, commits an offence and shall be liable, on conviction, to imprisonment for at least five (5) years or a fine of at least N5,000,000, or both. ”

Justification: a. This new insertion is fraudulently gaining access into the Commission as staff or appointee in pursuit of partisan interests. It imposes a duty on persons seeking to be engaged in the Commission in any capacity to make full disclosure of their political interests or affiliations (if any) to the Commission.

(b) Inserting, after subsection (1), a new subsection “(1A)”. “(1A ) Upon displaying or publishing the voters register in accordance with this section, the Commission shall accept and consider objections and complaints in relation to the names omitted or included in the voters’ register or in relation to any necessary correction, within 14 days of publishing the voters register in accordance with this section.”; and (b) inserting after subsection (3), a new subsection “(4)”, as follows: “(4) Failure to display or publish the voters’ register as provided under subsection (1 ) of this section shall constitute an offence for which any official or staff of the Commission responsible for such default shall be guilty and liable, on conviction, to imprisonment for a term of 6 months or a fine of N100,000 or both”