Electoral Act: How Senate reversed itself on e-voting, e-transmission of results

The Nigerian Senate on Tuesday rescinded its position on clause for electronic voting and electronic transmission of election results, which empowered Nigeria Communication Commission (NCC) to determine suitability of transmission of results, subject to approval of the National Assembly (NASS).

TheNewsGuru.com (TNG) reports the Senate’s decision followed consideration and approval of motion moved by Senate Leader, Senator Yahaya Abdullahi on “Re-Commital of Some Clauses of the Electoral Act repeal and Re-enactment Bill 2021” at plenary on Tuesday.

Recall that the Senate had on July 15, amended clause 52(3) of the bill to empower NCC to determine suitability of the network for transmission of results electronically with the approval of the National Assembly.

Clause 52(,3) of the draft bill had originally prescribed that INEC shall determine voting at election and transmission of results, which may include electronic voting .

The clause was, however, amended to empower NCC to determine suitability of the network for electronic election processes with approval of the National Assembly.

The Senate’s decision had afterwards generated unpleasant debates among Nigerians and civil society groups.

Most Nigerians had questioned the decision, saying that it was meant to undermine and erode the constitutional powers of INEC to conduct elections in Nigeria.

Presenting the motion for re-commital of some of clauses on Electoral Act repeal and re-enactment bill 2021, Sen Abdullahi said after critical examination of the bill by the Senate Committee on INEC, noted that there were some fundamental issues which required fresh legislative action on some clauses.

The clauses according to Abubakar are 43, 52, 63, and 87.

He said there was a need to address the observation by the committee and make necessary amendments based on order 1 (b) and 53(6) of the Senate standing order.

“Senate accordingly rescinds it’s decision on the affected clauses of the bill as passed and re-commit same to the committee of the whole for consideration and passage ,” Abubakar said.

Contributing, Sen.Adamu Alero (APC-Kebbi),who seconded the motion said the motion would strengthen the electoral process and give Nigerians more power to select their desired leaders.

He said the motion, if adopted would help the electorate to ensure that questionable characters are not elected in governance.

According to Alero, the motion would discourage money bags from taking over and determine the outcome of elections in the country.

However, Sen. Smart Adeyemi (APC-Kogi) was against the amendment of clause 87 to introduce direct primary election.

The clause had earlier prescribed for political parties to decide to conduct direct or indirect primary elections.

Adeyemi, however, said motion to amend the clause to introduce direct primaries would make the electoral process burdensome to the people.

Other Senators, who also supported the motion for amendment includes Senators Opeyemi Bamidela (APC-Ekiti) Enyinnaya Abaribe (PDP-Abia)Abdulfatai Buhari (APC-Oyo).

Senate after a voice vote amended the clause 52 to now empower INEC to determine mode of voting and transmission of results.

Other clauses that Senate rescinded its decision was on clauses 43, ,63, and 87.which borders on mode of conduct of primary elections by political parties, ballot boxes and voting devices

President of the Senate, Ahmad Lawan in his remarks, urged members of the Senate conference committee to take into consideration, the debates of senators during harmonisation of the bill with the House of Representatives Conference Committee.

See clauses of the Electoral Bill, 2021, considered and passed by the Senate:

a. Clause 43 dealing with Ballot boxes and Voting Devices.

– Insertion of the word ” Electronic Voting Machine” in subsections (1) and (3).

b. Clause 52 dealing with Conduct of Poll by Open Secret Ballot.

– Amendment to subsection (2) by substituting with a new subsection which reads “Subject to section 63 of this Bill, voting at an election and transmission of results under this Bill shall be in accordance with the procedure determined by the Commission”; and also the deletion of subsection 3.

c. Clause 63 which deals with Counting of Votes and Forms.

– Amendment to subsection (5) by deleting the word “transmit” and replacing with “transfer”.

d. Clause 87 which dealing with Nomination of Candidates by Parties.

– Amendment to subsection (1) by substituting with a new subsection which reads ” A Political party seeking to nominate candidates for elections under this Bill shall hold direct primaries for aspirants to all elective positions, which shall be monitored by the Commission”.

– Insertion of new subsection (3) which reads “The procedure for the nomination of candidates by political parties for the various elective positions by direct primaries shall ensure that all aspirants are given equal opportunities of being voted for by members of the party and given opportunity to have agents for the purpose of monitoring the primaries”.

– Insertion of new subsection (4) which reads” The procedure adopted for the direct primaries shall be spelt out in a guideline to be issued by the political party and filed with the Commission at least 14days before the primary election”.

– Insertion of new subsection (5) which reads ” A political party shall maintain register of its members and provide in the guideline for the conduct of the primaries that the register of its members shall be used for accreditation for the primaries”.

– Insertion of a new subsection (6) which reads” The Commission shall deploy personnel to monitor the primaries in all the centers where the direct primaries are held”.

– Insertion of a new subsection (7) which reads ” Every aspirants cleared by the party to contest at the primary shall be entitled to a copy of the guideline not later than 14days before the conduct of the primaries”.

– Amendment to subsection (8) by deleting “High Court of a State of FCT”