Electoral Act: Time to resist dangerous manipulation by NASS -Statement by CSOs, Activists

Electoral Act: Time to resist dangerous manipulation by NASS -Statement by CSOs, Activists

4 July 2021

#SaveOurElections   #NoToMannualTransmissionOfResults  #SaveNGElectoralIntegrity

ELECTORAL ACT: TIME TO RESIST THE DANGEROUS MANIPULATION BY THE NATIONAL ASSEMBLY

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. Five examples of discrepancies noted are summarised below.

Issue Approved Text Forged Text

Release of INEC funds – Section 3(3) To be released in yearly instalments starting two years before election and ending not later than 180 days to the election To be released not later than one year before election (no provision for    instalments)

Electronic Transmission of Results – Section 50(2) Procedure for voting and transmission of results to be determined by INEC Procedure for voting and results transmission to be determined by INEC, provided that transmission of results shall not be electronic

Declaration of Scores Under Duress – Section 65 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 is was not made under duress or contrary to the provisions of the law Decision of a Returning Officer on declaration of scores and return of candidate shall be final (no power of INEC to review)

Judicial Review of INEC Decision – Section 76 INEC’s decision not to register a party can be challenged in court, provided that legal action is commenced within 14 days from the date of receipt of the decision 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

Campaign Financing – Section 88 Limits on campaign expenses: President N1B; Governor N200M, Senate N40M, House of Reps N30M, State House of Assembly N10M Limits on campaign expenses increased as follows: President N15B; Governor N5B, Senate N1.5B, House of Reps N500M, State House of Assembly N50M

In particular, the 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.

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.

Signed:

Center 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

Centre for Impact Advocacy

Free Nigeria Coalition

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

South-South Professional Women Association (SSPWA)

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

League of Women Voters of Nigeria NILOWV

Iyom Josphine Anenih

Equality Through Education Foundation (ETEF)

Daria Media Foundation

TechHerNG

Learning Through Skills Acquisition Initiative (LETSAI)

Open Arms Initiative for Sustainable Development

Education as Vaccine

Young Women in Politics Forum

Citizens Centre for Integrated Development and Social Rights

Clem Aguiyi, President Move on Nigeria and Co-Founder: Powered by the People

Paul Ogwu. Acting Executive Director, Institutional and Sustainable Development Foundation.

Dinidari Foundation

Access to Justice (A2J)

Sterling Centre for Law & Development

Initiative for Research, Innovation and Advocacy in Development (IRIAD)