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N/Assembly Passes Electoral Act Amendment Bill 2021

By Ignatius Okorocha

The two chambers of the National Assembly on Tuesday passed the much anticipated Electoral Act Amendment Bill 2021 after both chambers deliberated extensively on the report of the Conference Committee on the bill.

In line with customary legislative procedures; the two chambers had in September set up a high powered conference committee to reconcile disparity in the versions of the bill as passed by the Senate and the House of Representatives.

Meanwhile, the 21 clauses were harmonized, including the contentious clause 52; which makes provision for Electronic Transmission of Election Result(ETR).

The federal lawmakers settled for the Senate version which empowers the Independent National Electoral Commission (INEC) and grants it the discretion to deploy Electronic Transmission of Results.

On the nomination of candidates by political parties as contained in Clause 87, the National Assembly again adopted and passed the version of the Senate on direct primary as against indirect arrangement or leaving the option open for the political parties to decide.

The adoption of direct primary by the National Assembly is bound to conflict with the interest of Progressives Governors’ Forum who met in Abuja on Monday; expressing their displeasure on direct primary arrangement.

Recall that there was an uproar on the floor of the Senate on July Thursday 15, 2021 over the mode of transmission of results by the Independent National Electoral Commission on election day.

This was as the upper chamber passed the long expected Electoral Act amendment to guide the National Independent Electoral Commission (INEC) in the conduct of the nation’s future elections.

Trouble started when the upper chamber attempted to amend Clause 52 (3) of the new Electoral Act.

Senate Committee on INEC and Electoral Matters had recommended that INEC should reserve the power to transmit results by electronic means where applicable on the day of election.

However, Senator representing Niger North, Sabi Abdullahi said that the power to determine the practicability of electronic transmission should be saddled with the Nigerian Communications Commission with the approval of the National Assembly

Senate had began the clause-by clause consideration of the recommendations of Its Committee on INEC on Electoral Act Amendment Bill 2021.

Section 52(3) of the bill had prescribed that INEC may adopt electronic voting and transmission of result  processes or any other method of voting in any election it conducts as it may  deem fit.

The section which provided for INEC to determine electronic process of voting was however amended to empower the Nigerian Communication Commission (NCC) to determine the suitability of network to conduct electronic election processes  with  approval of the National Assembly.

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