Electoral Act reform: Can beneficiaries of vote fraud bring positive change?
…Oshiomhole points fingers at fellow politicians
Many Nigerians and civil society groups have raised concerns over the sincerity of ongoing efforts to reform Nigeria’s Electoral Act 2022, questioning whether politicians who benefit from electoral malpractice can bring about genuine change.
The concerns follow renewed effort by the National Assembly to amend the Electoral Act 2022, less than three years after it came into effect.
Considering the flaws seen in recent polls and the desperation of politicians to win at all cost, citizens have expressed doubt if the lawmakers and many other politicians who benefit from the current flawed electoral system are genuinely canvassing for a change to existing laws to strengthen the electoral process.
Other observers have also expressed doubt about the readiness of President Bola Ahmed Tinubu to sign such an amendment into law.
“I don’t think they would do anything that would not benefit them. But if they do it, it will require presidential assent that is when we would know Tinubu’s sincerity,” Lucky Uwem, a lecturer told BusinessDaySunday.
“For me, I doubt if the president would allow free and fair polls; what is happening is just a fiasco, theatrics,” he said.
There are also those who questioned the timing of the current amendment, saying that the lawmakers do not have time on their side.
“Can they make any progress and necessary amendments within the shortest possible time? I have my fears, because some of those amendments in the Electoral Act also require amendments to the constitution and you know how difficult that can be,” Temitope Musowo, public policy analyst, told BusinessDaySunday.
Prominent politicians and civil society groups have also called for stronger independence of INEC, effective prosecution of electoral offenders, and sustained citizen engagement in the reform process.
Political commentator, Emeka Nwosu said many of those pushing for electoral amendments were direct beneficiaries of the flaws in the current system.
“It is unrealistic to expect meaningful reform from individuals who gained power through electoral malpractice,” Nwosu said. “They will only make changes that serve their political interests.”
Similarly, the Executive Director of VoteWatch Africa, Aisha Abdullahi, said the lack of political will remains a major obstacle to credible elections.
While the 2022 amendment of the Act introduced innovations such as the electronic transmission of results and tighter campaign finance regulations, observers said that they were all observed in the breach, even by the umpire itself.
Stakeholders have complained that the implementation remains weak, with cases of vote buying, ballot manipulation, and intimidation still widespread during recent elections.
With the complaints that trailed the conduct of the 2023 poll, stakeholders say the amendment to the current Electoral Act was inevitable, though the process has been slow, but the federal lawmakers appear to have intensified effort to get the job done in recent weeks.
Read also: 2027 Elections: Nigeria needs electoral reform and judicial reform
In the draft amendment unveiled during a public hearing jointly organised by the Senate and House committees on Electoral Matters last week, the National Assembly is proposing major change in the election timetable; they want the 2027 presidential and governorship elections held in November 2026, six months before the end of the current administration’s tenure.
The move, which forms part of the Electoral Act (Amendment) Bill 2025, aims to allow all election litigations to be concluded before the May 29, 2027, swearing-in of new leaders – ending the tradition of pending court cases dragging into a new government’s term.
Under the proposed amendment, elections into the offices of President and Governor are to be held not later than 185 days before the expiration of the incumbents’ tenure.
Section 4(7) of the draft reads: “Elections into the office of the President and Governor of a State shall be held not later than 185 days before the expiration of the term of office of the last holder of the office.”
Chairman of the House Committee on Electoral Matters, Adebayo Balogun, explained that the reform is aimed at ensuring that all disputes arising from the polls are settled before the winners take office.
“We are proposing that all tribunal judgments be concluded within 90 days, appeals within 60 days, and Supreme Court decisions within the remaining days, ensuring everything is wrapped up within 185 days,” he said.
To support the reform, the National Assembly will also amend Sections 285 and 139 of the 1999 Constitution, which currently govern the timelines for election disputes.
The lawmakers are also seeking to modernise Nigeria’s voting system through mandatory electronic voting and electronic transmission of results, a long-standing demand from electoral stakeholders.
Read also: 2027 Elections: Electoral reform must eliminate manual collation of election results
Nigerians should give NASS benefit of the doubt – Experts
Citizens who have expressed pessimism with the National Assembly’s move to amend the Electoral Act have been urged by experts to give the lawmakers the benefit of the doubt, as the amendment is a crucial step toward strengthening democracy in Nigeria.
“Amending the Electoral Act is crucial toward strengthening our democracy, and if the lawmakers are genuinely committed to addressing the gaps observed in previous elections, then this move deserves cautious optimism.
“What matters most is that the process should be transparent, inclusive, and guided by the collective interest of Nigerians rather than political convenience,” Hameed Muritala, a media and development practitioner, said.
Similarly, Citizen Matthew Koffi Okono, founder/president, Open Forum said the move by the 10th NASS to amend the Electoral Act, though almost belated, was better late than never.
According to him, the question of their sincerity over the process has arisen due to lack of trust in the system as a number of public office holders are beneficiaries of electoral heists.
“It should however, be noted that though the Prof Mahmood Yakubu-led INEC failed to adhere to its avowed guidelines on electronic transmission of results real time despite over N130b spent on technology for the 2023 polls, citizens must place an irrevocable demand on the NASS to, not only amend the 2022 Electoral Act, but ensure riggers, including the umpire are treated as civil coup plotters and dealt with according to law,” he noted.
Nigeria’s elections characterised by irregularities
Despite the effort of the electoral umpire, the INEC and security agencies and other officials, elections in Nigeria are typically characterised by irregularities and controversy.
Nigeria’s elections are still prone to violence and the country has a long history of violence during elections and it sadly manifested in the 2023 general election.
Recent off-cycle polls in about four states after 2023 have remained the same. Several media reports put deaths from the 2023 elections at 39, while the European Union at a media briefing claimed more people were killed. Official figures have not been released by either the police or the electoral commission.
Violence marred the elections in parts of the country: Lagos, Delta, Kogi and Kano States. Violence was also recorded in Enugu and Ebonyi States.
The EU election observation mission also noted how violence disturbed voting in some areas.
In Enugu, the Labour Party’s senatorial candidate for Enugu East was killed 72 hours before the February election.
Consequently, most election results are challenged in court, with the court being the final determinant of election winners in the last few years in Nigeria.
As the process to amend the Electoral Act intensifies in the National Assembly ahead of the 2027 general election, calls are intensifying for the establishment of a National Electoral Offences Commission (NEOC) or an Electoral Offences Tribunal, a new independent body empowered to investigate, prosecute and punish electoral offenders.
Such body observers say has become inevitable following the failure of electoral body and governments to successfully arrest and prosecute electoral offenders across Nigeria over the years.
Mabel Oboh, Lagos Director of communications of the African Democratic Congress (ADC) said the establishment of an electoral offences commission in Nigeria is crucial for improving electoral integrity.
According to her, a dedicated body would ensure accountability for electoral malpractices, promoting a more transparent process.
“Additionally, reforming the Independent National Electoral Commission (INEC) is essential to prevent control by a few individuals, thereby enhancing Nigeria’s democracy,” Oboh told BusinessDaySunday.
