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Electoral Bill : CSOs urges National Assembly Harmonisation Committee to prioritise country’s interest

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Expectations are high as the National Assembly get set to harmonise the Electoral Bill.

The Senate last week constituted a Conference Committee for the 2021 Electoral Act Amendment Bill passed by both Chambers of the National Assembly.

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Addressing Journalists ahead of the harmonisation conference by both Chambers on Monday in Abuja, the Nigeria Civil Society Situation Room called for diligent process that will endure personal, partisan and primordial considerations.

Convener of Situation Room/Country Director, Action Aid Nigeria, Ene Obi said civil society organizations have identified 17 points of divergence in the versions of the Election Act Amendment Bill.

“The landmark proposals in the ongoing review process, civil society partners and key stakeholders have identified about 17 points of divergence in the versions of the Electoral Act Amendment Bill passed by the Senate and the House of Representatives. Amongst which are: the use of Smart Card Readers; the deployment of electronic voting, collation and transmission of results; the cost of campaigns and the process of nomination of candidates etc”.

On electronic transmission of results, Ene expressed concern about differences in the proposals.

“As civil society community and as expressed by a vast majority of electoral stakeholders and Nigerians, we are concerned by these identified differences in the proposals particularly regarding electronic transmission of results and the deployment of technological devices in the conduct of elections.

“Following from our experience and observations of elections in recent years, as well as widely held views of Nigerians, we expect the harmonisation committee to accept the version of the Electoral Bill that allows the Independent National Electoral Commission (INEC) to determine the mode of conduct of elections, including transmission of results.

“INEC has shown by its practice and experience that it has adequate capacity to use technology in elections including the transmission of results. This experience has been proven during several off-cycle elections in recent years. Indeed, INEC has expanded its use of technology, including using the Z-pad and now, its newest innovation, the Bi-modal Voter Accreditation System (BVAS)”, She noted.

The group also expressed dissatisfaction in the version of the bill that stipulates the Nigerian Communications Commission (NCC) recommendation and National Assembly approval before election results can be transmitted electronically. She said the idea presents a constitutional breach that may result in long-drawn litigations and uncertainty which could put INEC’s preparations for elections in jeopardy.

Nigeria CSO Situation Room however made the following recommendations:

– Adopt the Senate version of Clause 43, which recognizes “voting devices” alongside election materials. This is because the Senate inserted the words “and voting devices” immediately after election materials.

– Adopt the Senate version of Clause 49, which recognizes “other technological devices” alongside “Smart Card Readers” for voter accreditation. INEC should be given the power to deploy an effective and efficient technological device for accrediting voters during elections. For example, INEC tested the new Biometric Voter Accreditation System (BVAS) during the Isoko South 1 Constituency bye-election into Delta State House of Assembly and plans to deploy same in subsequent elections.

– Adopt the House of Representatives Version of Clause 52, which gives INEC the power to determine the procedure for voting and transmission of election results. The power to determine the procedure for transmission of results should be vested with INEC without interference from any individual or government agency. This position safeguards INEC’s independence.

– Adopt the Senate Version of Clauses 63 and 76 which increases the penalty for sanctioning a presiding officer who contravenes the Electoral Act concerning the proper counting of accounting for votes and the announcement of results. We believe that sanctions should place high retributive demand (financial or otherwise) on the offender, in order to discourage electoral offences.

– Adopt the Senate version of clause 87, which gives political parties the option to adopt either direct or indirect primaries. The focus should be on strict adherence to the guidelines for each mode of party primary adopted.

Nigeria CSO Situation Room however assured that it will follow up with the Harmonization Committee’s work.

They urged members of the harmonisation commitiee to strive to ensure the country’s interest is prioritized while carrying out this assignment.

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