Samuel Ogidan and Gbenga Abegunrin
The National Assembly recently passed the fourth version of the Electoral Act Amendment Bill amending some sections of the Act to make provision for flexibility and transparency in the forthcoming elections. However, this amendment, has threw up some issues, which seem to be threatening the purpose for which the idea of amendment was conceived.
For instance, despite the legalisation of Smart Card Reader for voter accreditation, some commentators believe the National Assembly should have gone a step further by amending Section 13 of the Electoral Act to enable the electorate exercise their franchise from any part of the country on Election Day, irrespective of where they registered. The section stipulates the regulations to guide voters on transferring their voterâ€
s cards from one polling station to the other.
The situation is further compounded by the delay by President Muhammadu Buhari to assent to the bill, weeks after it was passed by the National Assembly, a development that is heightening anxiety over the elections.
Also, scanty information about the upcoming 2019 general elections on the official website of the Independent National Electoral Commission (INEC) has become a source of concerns to political watchers.
Specifically, the personal particulars of candidates for the presidential and National Assembly elections were as at weekend yet to be uploaded on the website, despite inscription of ‘2019: INEC publishes Details of Candidates.†But on logging into it, one finds, “Error-Page Not     Found.�
INEC chairman, Professor Mahmood Yakubu, had at a press briefing recently urged members of the public to use the opportunity of the publication of the forms and particulars of the candidates, as submitted by their respective political parties, to raise claims and objections. But more than one week after the exercise, the commission is yet to upload the details.
Nigerians had been yearning for electorate to exercise their franchise from anywhere they are in the country as it is being practiced in the Western nations to meet the international best practices.
The call had become necessary following inability of most voters to effect transfer for their voters†cards following change of place of residence or transfers in work places to other areas or states as the case may be.
Despite assurances by INEC, most voters have expressed disappointments in the commission for its inability to facilitate the transfer option, a development that would save people the cost of traveling and the risk of unforeseen circumstances during election period.
Some analysts say that in the 21st century, the nation is more than ripe enough for its citizens to cast their votes anywhere in the world, instead of this “archaic” method of voting 58 years after independence.
Another impediment, however, is the transfer of one voter’s register from one location to another; a development believed would be addressed with the full-blown practice of electronic voting system.Â
The practice of electronic voting, according to political watchers, would go a long way to help the nation to put things in the right perspective and also to achieve its millennium goal.
The National Assembly, in amending the Electoral Act, specifically took note of the issue of card reader, but despite the legalisation of Smart Card Reader for voter accreditation, some political analysts believe that the National Assembly should have gone a step further by amending Section 13 of the Act to enable the electorate exercise their franchise from any part of the country on election day, irrespective of where they registered.Â
Proffering solution to this development, some stakeholders were of the opinion that the issue of elections should be taken gradually, adding that the amendment to the Electoral Act was a right step in a right direction.
They said that with the amendment, the nation will eventually get it right in terms of elections in the country in years to come, adding that it will gradually get to a point where all impediments would be seamlessly addressed, including elimination of thuggery from elections as casting vote will be done electronically and not manually.
With the concern raised by stakeholders on the amendment, even though President Muhammadu Buhari is yet to assent the Bill, the Chairman of Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, had already dashed the hope of those believing that electronic voting would be part of 2019 elections, pointing out that because of time frame, the electronic system would not be used in the coming general elections.
“We have gone really far with this. If tomorrow the Bill is assented to, there are provisions that we can immediately implement but there are provisions that we cannot implement simply because of time. For instance, full blown electronic voting. It is impossible within the time frame available.
“We have been working closely with the National Assembly and many of the new provisions passed in the Bill were actually based on our recommendations. We prepared ourselves in such a way that in case some of the provisions become law, we would have no difficulty in implementing them,� Prof. Yakubu had said.
This pronouncement has put paid to the call for electronic voting as far as 2019 election is concern. The system, which is believed would help the transfer of election results from the polling units, would have, according to political analysts, addressed rigging and other vices in elections.
Recall that the Senate, during the amendment of the Electoral Act, empowered INEC to use electronic voting for conduct and transmission of results in future elections and also legalised the Card Reader introduced by INEC for voters’ accreditation.
The card reader innovation used by INEC in the 2015 general election, was legalised by the Act under section 49, which deals with accreditation of voters, transmission of accreditation data among others.
Specifically, the Act under Section 49 (2) states: “The Presiding officer shall use a smart card reader or any other technological device that may be prescribed by the commission from time to time for the accreditation of voters, to verify, confirm or authenticate the genuineness or otherwise of the voter’s card.”
The Senate also approved a provision to enable INEC transmit the result of elections electronically in an encrypted and secured manner to prevent hacking.
In the Bill, the electronic voting provisions of the Act is contained in section 52 (2), which states: “The electoral 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.”
The section, however, gives INEC discretion to use other methods of voting if it is impracticable to use e-voting in any election.
Even though, the President of the Senate, Bukola Saraki had expressed optimism during the amendment that the Bill would further improve the nation’s electoral system and also contribute to good governance, the INEC boss had stated otherwise, pointing out that electronic system would not be deployed for 2019 elections.
Saraki had said, “we have touched on new areas, which I believe will improve the credibility of our elections and by so doing, definitely improve our democracy and good governance.
“Most important, I think, are some of the new sections we have added, in the areas of technology, the smart card reader, and collation, which has been an area of great concern.
“Collation of results after the polling units and some of the additions we put on the electronic way by which the compilation of results can be done, I think, will go a long way to reduce some of the irregularities we have seen before.”
Despite the delay of assent to the electoral act amendment bill, stakeholders concern is that INEC must deliver credible election next year.
For instance, Hon. Ayoola Olawale. a chieftain of the African Democratic Congress (ADC) in Ibadan Southwest local government area of Oyo state warned that INEC should not use the delay in Electoral Act amendment as an excuse for failure in the 2019 general elections.
Hon. Ayoola insisted that Nigerians will not accept any excuse from INEC, if the electoral body failed to conduct credible elections next year.
The politician declared that what matters most to Nigerians is the readiness of INEC to conduct free and fair polls and not full blown electronic voting.
Comrade Adesina Akinpelu, National Public Relations Officer (PRO) of the New Era Odua People’s Congress (OPC), expressed optimism that the existing legal frameworks should guarantee credible polls next year.
Akinpelu maintained that the problems with our electoral system have to do with the attitude of the political class, and not with the Electoral Act.
The New Era OPC urged Nigerians to be ready to resist any attempt by politicians to capitalise on the noticeable lapses to rig the 2019 general elections.
Akinpelu also identified poverty as the main weapon the political class uses to manipulate election in the country.
His words: “What should be the major concerned of well meaning Nigerians now is how to tackle the evil of vote buying. The politicians are capitalising on the high level of poverty in the country to induce voters with money and other material things during election.â€�
With the Electoral system being modified by the National Assembly and INEC, would the nation get it right in years to come? Would the system address voting for a candidate of choice from anywhere in the nation or would the electronic system Nigerians are yearning for be made possible by the power that be, even though it has been passed by the lawmakers? These and other questions Nigerians are asking at this point in time.
The post Electoral Act : Delay By Presidency, INEC Heightens Anxiety Over 2019 Elections appeared first on Independent Newspapers Nigeria.
Electoral Act : Delay By Presidency, INEC Heightens Anxiety Over 2019 Elections
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