THE NIGERIAN ELECTORAL LAWS AND THEIR IMPACT ON FUTURE ELECTIONS

 

THE NIGERIAN ELECTORAL LAWS AND THEIR IMPACT ON FUTURE ELECTIONS

The laws governing elections in Nigeria are wide and complicated, made up of various laws, regulations, and guidelines that regulate the electoral process. Firstly, The Electoral Act 2022 is the main enactment for elections in Nigeria. Alongside, the Constitution of the Federal Republic of Nigeria (1999, as amended), Independent National Electoral Commission (INEC) guidelines, and finally Judicial Precedents (Court Decisions) play vital roles in electoral procedures. Below the above-mentioned laws will be discussed

Constitution of Nigeria (1999, as amended):

The Constitution is the supreme law of the constitution and it made provisions for the general legal laws for elections in Nigeria. It sets the eligibility requirements for candidates and voters, electoral boundaries, and the general structure of elections. It defines the composition of the electoral bodies, like INEC, and lays down provisions for the conduct of national and state elections and where to seek redress when grievances arise during the cause of the elections.

Electoral Act 2022:

The Electoral Act 2022 was an attempt to reform Nigeria's election laws and improve transparency, efficiency, and promote a free and fair election process for the common man. Some of the key reforms are highlighted below:

• Electronic Voting and Transmission of Results: Due to the rate at which the world has become technologized, the Act allows the use of technology in elections, which includes electronic voting and the electronic transmission of results, which is to encourage effective and swift transportation of election result, and also foster transparency.
• Independent Electoral Commission (INEC) Powers: It strengthens and broadens INEC's powers to supervise and regulate elections and ensures that results are transmitted directly from polling units with an electronic device called BVAS without going to the coalition center in each state.
• Political Party Financing and Campaign Rules: The Act sets limits on campaign spending, enforces transparency in party financing, and mandates parties to submit audited financial reports.
• Voting Process and Accreditation: The Act instructed that biometric accreditation be used, enhancing voter authentication and reducing voter fraud and child voting
• Offenses and Penalties: It introduces stiffer and stricter penalties for election-related offences like vote buying, election rigging, and violence to protect the interest of voters.

Independent National Electoral Commission (INEC) guidelines:

These are the regulations and guidelines provided and introduced by the Independent National Electoral Commission (INEC) to serve as a guide for every election that will take place in Nigeria, from the party activities to the Election results.

Judicial Precedent:

Judicial precedent is a court's decision that establishes a legal principle for future cases with similar facts. It will always serve as a guide in a situation where similar facts arise.

2. Some Issues Faced in the Nigerian Electoral Process:

Although the Electoral Act 2022 introduced reforms to control issues, challenges persist. Some of these issues include:

• Voter Apathy: Despite the reforms, Nigeria's voter turnout is still low in elections, forgetting that the Country is ours, and we need to fix it by voting right. The low turnout is mostly in non-presidential elections.
• Election Violence and Rigging: In some areas, elections are disrupted by violence, intimidation, and vote-buying. INEC’s capacity to enforce law and order is often overlooked and undermined.
• Inadequate information and Awareness: Many citizens, especially in rural areas and elderly, are not fully aware of the electoral process, their rights, how to participate or the importance of participation
• Technological Reliability: though electronic voting and transmission of results through BVAS was introduced, there are concerns about the reliability and effectiveness of these technologies, particularly in areas with poor internet infrastructure and electricity problems
• Transparency and Accountability Issues: Despite technological advancements, some citizens doubted the transparency of the process, with such lingering doubts about election results reflecting voters' choices, election participation was low.

3. Some Proposed Reforms and Improvements for A Transparent Process:

• Fully Implement Electronic Voting: Further expand and test electronic voting systems in all elections, including local government elections, to ensure that the system is secure, user-friendly, and scalable.
• Ensure Reliable and Fast Result Transmission: The direct transmission of results from polling units to the central tallying center should be fully operational. No more coalition center. INEC could partner with telecommunication and electricity distribution companies to ensure faster and more reliable transmission, even in rural areas.
• Cybersecurity Measures: Invest in stronger cybersecurity measures to protect election data and prevent manipulation or interference with the electoral process.

• Stronger Enforcement of Laws against Election Violence and Rigging: There is a need for rigid punishment for those involved in election-related violence, vote-buying, and other malpractices. The punishment for election offences should be swift and severe to deter future violations.
• Increased Penalties for Non-Compliance: Politicians and political parties who fail and refuse to adhere to electoral laws, especially those concerning voter registration, campaign finance, and the conduct of campaigns, should face harsher penalties.

• National Voter Education Campaigns: Organizing detailed and continuous voter education campaigns, especially in rural areas, to ensure voters understand the importance of voting, the voting process, how to protect their votes, and the importance of their participation.

• Voter Registration Modernization: Implementing a more seamless, less strenuous and accessible voter registration system (through mobile phones or online platforms) will ensure more people can participate.

• Adequate Security Presence at Polling Units: Ensuring Adequate, effective, professional and impartial security is guaranteed to be present in all areas, especially in regions prone to violence.

• Court Decisions on Election Disputes: Strengthen and encourage the judiciary to speed up the adjudication and resolution of election petitions and disputes to ensure that results are concluded effectively, quickly and fairly.

In conclusion, Nigeria is making an effort to improve our electoral process using The Electoral Act 2022 and other related laws but challenges remain. With continuous reforms, better use of technology, and effective enforcement of laws, the Nigerian electoral process can become more transparent, free, fair, and credible, thereby boosting the general public's confidence in democracy. These reforms should be focused on increasing positive participation in elections, reducing corruption, ensuring justice, and punishing violators to ensure free, fair, and credible elections in the future.