PRESS STATEMENT - THE 4TH VERSION OF THE ELECTORAL ACT (AMENDMENT) BILL 2018 SHOULD BE REVIEWED CIRCUMSPECTLY

PRESS STATEMENT - THE 4TH VERSION OF THE ELECTORAL ACT (AMENDMENT) BILL 2018 SHOULD BE REVIEWED CIRCUMSPECTLY

MONDAY 26^TH NOVEMBER 2018

FOR IMMEDIATE RELEASE

The Electoral Act (Amendment) Bill 2018 has been the source of much controversy and has traversed back and forth between the National Assembly (NASS) and the Presidency. The first version which had 43 clauses was transmitted on January 19^th 2018 and later rejected on March 8^th 2018 because of issues with Sections 25, 138 and 152(3)-(5). The second version which had 41 clauses was transmitted on the 27^th June 2018 but was later rejected due to drafting errors. The third version which had just 15 clauses was transmitted on 3^rd August and rejected on the 30^th August 2018 as a result of drafting and cross-referencing errors in addition to issues with sections 18(1-2), 31, 34, 85(1) and 87(14). This version also had no provision for the use of smart card readers. The fourth version was prepared by the Joint NASS committee on INEC on the 18^th September 2018 but was later passed on the 23^rd October 2018 by the Senate and 24^th October 2018 by the Federal House of Representatives. However this version was not transmitted to the president until the 8^th November 2018. This version is still with the president and he has until the 8^th of December 2018 to either assent to or reject the Bill.

At this junction it is important to note that there are only 81 days to the 2019 Nigerian General Elections. While a number of stakeholders have been putting pressure on the president to urgently sign the 4^th version of the Electoral Act (amendment) Bill 2018, Election Monitor advises caution and encourages President Muhammadu Buhari to carefully study the document as has been done with the previous versions to ensure that every aspect of it will advance the conduct of credible elections in Nigeria.

Election Monitor would also like to recommend that President Buhari seek strong legal counsel to interpret the implication of Clause 26 or Section 99(1) of the Electoral Act (amendment) Bill 2018 which is the “Limitation on Political Broadcast and campaign by Political Parties”. According to the Electoral Act 2010 as amended, this section provides for the period of campaigning in public by every political party to commence 90 days before polling day and end 24 hours to the commencement of an election day. However the Electoral Act (amendment) Bill 2018 has amended this subsection (1) with a new subsection (1) which provides for a period of campaigning in public by every political party to commence 150 days before polling day and end 24 hours to the election day.

It is expected that if the Bill is signed it becomes law and as such comes into effect immediately. If this is the case then according to the proposed new law political campaigns should be allowed to go on for 150 days. The challenge with this is that campaigns for Presidential and National Assembly elections commenced on the 18^th November 2018 while campaigning for the Governorship, State Houses of Assembly and FCT Area Council elections are expected to commence on the 2^nd December 2018. Adding 150 days to these two dates would give dates of Wednesday, 17 April 2019 and Wednesday, 1 May 2019. It is important to note that Section 25 of the Electoral Act, 2010 (as amended), empowers the Commission to appoint date not earlier than 150 days but not later than 30 days before the expiration of the term of office of the last holder of that office. This means that the earliest date for the 2019 General Elections would be Sunday 30^th December 2018 while the last possible date would be Monday, 29^th April 2019. If the current Electoral Act (amendment) Bill 2018 were signed as it is the window to hold the 2019 General Elections would be between the 17^th to 29^th April, 2019 to ensure that both limits are satisfied.

 It is also expected that the dates are chosen so as to allow for a run-off where required. On the 9th June 2018, President Muhammadu Buhari assented to the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No. 9) Bill, 2017. This Bill alters the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide the Independent National Electoral Commission with sufficient time to conduct bye-elections and provide grounds for de-registration of political parties. This Bill was earlier passed by the Senate on 26th July, 2017 and Federal House of Representatives on the 3rd October, 2017. The Bill increases the time frame for the Independent National Electoral Commission (INEC) to conduct bye-elections in default of a candidate being duly elected in Presidential and Governorship elections from 7 days to 21 days. The implication is that in-order to make provision for a possible run-off, the last possible date of the elections would be Monday 8^th April, 2019. It is clear that this date falls outside the 17^th to 29^th April 2019 band.  

The summary of all this is that signing the 4^th version of the Electoral Act (amendment) Bill 2018 may create some challenges in holding the elections within the legal time limit which could lead the country into a constitutional crisis. Election Monitor once again reiterates that President Muhammadu Buhari should determine if the proposed amendment of Subsection 99(1) would have this effect and if so take the appropriate action to save Nigeria from havoc in the coming year.

Election Monitor also urges President Muhammadu Buhari to ensure that the budget for the 2019 Nigerian General Elections is released before the end of November 2018 so as to enable INEC some time to prepare for the elections. Already the funds are behind schedule but further delay would not augur well for the forthcoming elections. Election Monitor also wishes to point out that releasing funds for INEC and security agencies is not dependent on passing the Electoral Act (amendment) Bill 2018 as insinuated in some quarters. It is important to note that this has not been the practice in previous elections. While it is important to have the best possible electoral law to conduct any election, it is also important that a proposed law which would plunge the country into crisis be amended in such a way as to support free, fair, credible and feasible election conduct before being signed into law.

Election Monitor calls on all well meaning Nigerians to prevail on the NASS and the Presidency to ensure that INEC and the security agencies are properly funded in a timely manner to ensure that the stage would be set for a successful election outing in 2019.

God bless the Federal Republic of Nigeria!

Signed

Abiodun Ajijola

National Coordinator