Nigerian Senate Seeks Mandatory Electronic Transmission of Election Results, Wants INEC Unbundled

The Nigerian Senate and a former Chairman of the Independent National Electoral Commission (INEC), Prof Attahiru Jega, have called for the amendment of the electoral laws to ensure mandatory transmission of election results, unbundling of INEC and diaspora voting.
This is just as Jega has insisted that the chairman of the commission should not be appointed by the President.
The Senate’s position was contained in the communique issued at the end of the two-day retreat organised for senators by the National Institute for Legislative and Democratic Studies (NILDS) in Ikot Ekpene, Akwa Ibom State.
The communique said the diaspora voting would give the Nigerians outside the country the opportunity to participate in the election of their president.

It read in part: “INEC should be unbundled to improve its efficiency and effectiveness in the preparation and conduct of elections.
“Relating to the use of technology in elections, there is the need to remove the ambiguity evident in Section 64 of the EA22.
“There is also the need to make electronic transmission of results mandatory from the next general election in 2027.
“Uploading of polling unit-level results and result sheets used at different levels of result collation should also be mandatory.
“INEC should introduce diaspora voting, at least for presidential elections, to enable citizens to vote, especially those on essential service abroad, such as military, paramilitary, and other security personnel abroad, embassy staff, and other citizens.
“Relating to political parties, the Electoral Act should stipulate sanctions for failure to submit the register of party members not later than 30 days before the date of party primaries, congresses, or conventions which the political parties have observed in the breach in the 2023 elections without penalty.

On fiscal policies, the forum frowned at a situation where many agencies of government are involved in collecting taxes.
It, therefore, suggested new laws continue to streamline the process.
It added: “Bills on taxes should be presented a Executive Bills and not as private member bills.
“There is a need to review the tax waiver policy to ensure it is aligned with the revenue mobilisation drive of the government by making the waiver process more transparent and accountable.
“To address exchange rate management issues, challenges of inflation, address poverty, and create jobs, there is a need to consider and approve the Emergency Economic Intervention Bill from the Executive as a proposed legislation from the Presidential Committee on Fiscal Policy and Tax Reforms.
“Establish clear and transparent guidelines for revenue retention. The government should establish clear and transparent guidelines for the amount of revenue that revenue-generating institutions are allowed to retain.

“These guidelines should be based on objective criteria, such as the institution’s verified operating costs and investment needs by the relevant authorities and committees of the National Assembly.
“Need to enhance public spending efficiency, by tackling corruption in government spending in order to provide commensurate fiscal exchange to citizens and boost tax morale.
“Need for effective management of resources by adopting technology in expenditure management, driving adherence to fiscal rules and benchmarks, establishing a national fiscal risk framework for revenue, debt and expenditure.
“Nigerian government should consolidate revenue collection into a single agency like the FIRS.
“This would simplify the tax system, reduce duplication of efforts and make it easier for taxpayers to comply with the law.”

On his part, Jega, who also spoke at the two-day retreat organised for senators by the National Institute for Legislative and Democratic Studies (NILDS), explained that though the country’s electoral law could be said to be the best in Nigeria’s history, it is not perfect.
He argued that all election cases should be resolved by the courts before the swearing-in of the winners, insisting that there is a need for an amendment to remove ambiguities, and to clarify and strengthen some of its sections.
“Review the process of appointments into INEC, specifically to divest/minimise the involvement of the president in the appointment of Chairman and National Commissioners of INEC, to free the commission from the damaging negative perception of “he who pays the piper dictates the tune,” Jega said.
The former INEC chairman stated further, “The applicants/nominees for these appointments should be subjected to public scrutiny with regards to knowledge, skills, good character, and non-partisanship. Guidelines should be provided for submitting petitions against any nominee during this process.

“On second thought, and for obvious reasons, I will recommend a joint committee of the National Assembly be given this responsibility, with criteria for transparency, non-partisanship, and stakeholder engagement for the process,” he recommended.
According to documents made available to THISDAY, Jega who also spoke at the retreat, said the amendment should make the electronic transmission of results mandatory from the next general election in 2027.
He also said the president should be divested of the power to appoint the chairman and National Commissioners of INEC to free the commission from partisanship.
The former INEC boss explained that the law should be reviewed to ensure that all cases arising from the conduct of elections are resolved and judgments made before the date of swearing-in.
Many stakeholders had expressed concern that Section 64 of the Electoral Act, which states the process of transmission of election results, is susceptible to manipulation and misinterpretation.

But Jega said the section should be clarified by making transmission of election results compulsory, including uploading of polling unit level results and result sheets used at different levels of result collation.
According to Jega, “INEC would have enough time to prepare for this if the Act is amended early enough in the ensuing electoral cycle.”
He also called for the introduction of early voting for eligible voters on election duty, such as INEC staff, observers and their drivers, security personnel, and journalists, or special arrangements to enable them to vote on election day, especially for presidential elections.
The former INEC boss advocated for diaspora voting, at least for presidential elections, to enable citizens to vote, especially those on essential service abroad.
He said that there is a need to enhance the inclusion of women, if necessary, by up to 35 per cent of elective positions in parliament, and in all political parties’ candidate lists.

On cross-carpeting by elected officials, Jega said that it should be proscribed not only for members of the National Assembly but also for elected executives, governors, and chairmen of LGAs while INEC should be empowered to prepare for elections to fill the vacancy once it has evidence of the act of cross-carpeting.
According to Jega, “There is a need to place stringent conditions for candidate withdrawal and replacement to prevent abuse. Empower INEC to also screen and if necessary, disqualify candidates whose credentials show that they are unqualified or in respect of whom it has evidence of forgery and other forms of criminality.
“There is a need for the legislation to allow even candidates outside the political parties, as well as tax-paying citizens to file suits against candidates who provide false information to INEC regarding their candidature.

“Although Sections 132(8) & (9) have given timelines within which the Tribunals and courts of appellate jurisdiction should issue verdicts, there is a need, particularly in respect of elected executive positions, to ensure that all cases are resolved and judgments made before the date of swearing-in.
“The Justice Uwais Committee recommended that the responsibility for advertising, screening, shortlisting, and submission to the Council of State for recommendation to the Senate for confirmation hearings, for this category of officers, should be entrusted to the National Judicial Council (NJC),” Jega explained

Chuks Okocha and Sunday Aborisade in Abuja

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