By Gabriel Atumeyi
365Daily – A coalition of Civil Society Organisations (CSOs), have rejected what it described as the dangerous manipulation of the Electoral Act amendment, 2021, report by some members of the National Assembly.
According to the group, the final copy of the draft which the National Assembly is scheduled to vote on later this week was altered and, therefore, not the version endorsed at the public hearing of the Electoral Act amendment bill.
In a joint statement issued on Sunday, July 4, 2021, they accused the Lawmakers of deliberately altering the agreed proposed amendments and enumerated areas that were tinkered with.
‘Doctored report’
Citing Section 50(2) of the amendment, the group said the changes made undermined efforts by the Independent National Electoral Commission (INEC) to improve election results management regime, and would derail it from recent sucesses experienced in some off season elections.
It also noted that the alteration is an attempt to the approved increase compaign financing threshold to encourage undue influence of money in elections.
Timing for release of INEC funds
On the issue of release of INEC funds as contained in Section 3 (3) of the amendment, the coalition noted that under the approved version, the funds were to be released in yearly instalments, starting two years before election and ending not later than 180 days to the election.
However, they stated, a scrutiny of the version to be considered this week as the final copy, revealed that the funds were to be released not later than one year before election, with no provision for instalments.
Use of technology in electoral process
Also reportedly tampered with is the clause relating to electronic transmission of results in Section 50 (2).
They alleged that the procedure for voting and transmission of results was to be determined by INEC in the approved version, while in the final copy, the procedure for voting and results transmission was changed that it is to be determined by INEC, “provided that the transmission of results shall not be electronic.”
This will effectively make it unlawful for the electoral umpire to transmit results electronically.
Declaration of result under duress
On declaration of scores under duress in Section 65, they alleged that the approved version stated that the decision of a Returning Officer on declaration of scores and return of candidate shall be final, provided that INEC can within 7 days review the declaration and determine that it was not made under duress or contrary to the provisions of the law.
But in the final copy, the CSOs alleged, the decision of the Returning Officer on declaration of scores and return of candidate shall be final, thereby taking away the power of INEC to review such as decision.
Judicial review of INEC’s decision on registration of political parties
Furthermore, on the issue of Judicial review of INEC’s decision not to register a political party as contained in Section 76 of the approved version, it can be challenged in court, provided that legal action is commenced with 14 days from the date of receipt of the decision.
In the final copy, INEC’S decision not to register a party can be challenged in court, provided that legal action is commenced within “45 days” from the date of receipt of the decision, it explained.
Campaign financing
On the issue of Campaign Financing in Section 88, the Civil Society groups said the approved version limited campaign expenses for the office of the President to N1 billion; Governorship to N200 million; Senate to N40 million; House of Representatives to N30 million and State Houses of Assembly to N10 million.
But in the final copy, the group alleged, the limit on campaign expenses was increased as follows: President N15 billion, Governor N5 billion, Senate N 1.5 billion, House of Representatives N500 million, State House of Assembly, N50 million.
‘Why Lawan, Gbajabiamila must speak up now’
The statement said in part: “As everyone may be aware, the National Assembly will pass the Electoral Amendment Bill (2021) this week. Barring any last-minute changes, the Bill is expected to be passed by both chambers on Thursday.
“Some proposals canvassed by citizens were adopted in the Bill e.g., electronic voting, financial independence of the Independent National Electoral Commission (INEC), and new timelines for submission of list of candidates. However, there are discrepancies between the approved version of the Bill and the alleged final copy, where some key provisions have been manipulated.
“In the alleged final copy, some key priority amendments were rejected by the leadership of the National Assembly, e.g. electronic transmission of results has been prohibited (S.50(2)) and the limits on campaign expenses have been increased (S.88).
We are also concerned that the National Assembly has rejected the proposal empowering INEC to review the declaration of scores and return of candidates made by a Returning Officer,and determine that the declaration was made under duress or contrary to the provisions of the law (S.65).
“Following the events of the 2019 general elections, we are convinced that INEC needs to have this power in order to prevent politicians from going through the backdoor to win election and steal electoral mandate at gun point!
“It is instructive to note that following the submission of the Electoral Amendment Committee’s report, the National Assembly leadership undertook an additional review of the report to insert and reject some amendments unilaterally, without going through the established process for such insertion.
“We are concerned that the alleged final copy of the Electoral Amendment Bill, which we have reviewed, does not represent the interests of the Nigerian people and we therefore consider it a forged document that must not be substituted for our legitimate demands.
“Te manipulation of Section 50(2) undermines INEC’s effort to improve the election results management regime, considering that we recently witnessed the successful introduction of the Election Results Viewing Portal in some of the off-cycle elections, which improved the integrity of the process greatly. In addition, the dramatic increase in spending limits, should be of great concern to all Nigerians. It is an indication that the National Assembly is committed to entrenching a political system that is heavily monetised.
“We are worried about the grave implications these underhanded manipulations and illegal actions will have on our Electoral Process. We call on Senate President Ahmed Lawan and Speaker of the House, Femi Gbajabiamila, to speak up clearly that they are not aware of these amendments and are not part of any attempt to subvert the voices of Nigerians.
Lawmakers should account for their roles in the alteration
“We also urge Nigerians to stand up to resist this latest attempt by the National Assembly to manipulate the Electoral Act for self-perpetuation and self-interest. We must ensure this bill is not passed on Tuesday, July 6, 2021.
“We will continue to make the contact information of National Assembly members available so that Nigerians can engage their representatives directly.”
The following civil societies co-signed the statement Centre for Liberty, The Electoral Hub, Yiaga Africa, Ayisha Osori, Princess Hamman-Obels, Raising New Voices, Ready To Lead Africa, MACAA, Speak Out Africa Initiative, Centre for Development Alternatives Research and Studies, Aspilos Foundation and Free Nigeria Coalition.
Others are Adopt A Goal for Development Initiative , Concerned Nigerians, SING Nigeria, Enough is Enough , Women Advocates Research and Documentation Centre (WARDC), Community Life Project (CLP), FAME Foundation, Women in Politics Forum (WIPF), UTO Foundation, .Ebere Ifendu, Vision Spring Initiatives and South-South Professional Women Association (SSPWA).
In addition are Mojubaolu Olufunke Okome, Media Concern Initiative (MediaCon) for Women and Children, Nigeria Women Trust Fund, Women Foundation of Nigeria, Baobab for Women’s Human Rights, NILOWV, Iyom Josphine Anenih, Equality Through Education Foundation (ETEF), Daria Media Foundation, TechHerNG, Learning Through Skills Acquisition Initiative (LETSAI) and Open Arms Initiative for Sustainable Development.
Also signatories to the statement are Education as Vaccine, Young Women in Politics Forum, Citizens Centre for Integrated Development and Social Rights, President Move on Nigeria and Co-Founder: Powered by the People, Clem Aguiyi , Acting Executive Director, Institutional and Sustainable Development Foundation, Paul Ogwu, anf the Initiative for Research, Innovation and Advocacy in Development (IRIAD).