The House of Representatives has revisited the stalled amendment
to the Electoral Act Amendment Bill 2018 and approved the substitution of a
candidate who dies before election results are announced within seven days.
It would be recalled that President Muhammadu Buhari had, on three occasions, declined assent to the amendment Bill transmitted by the 8th national assembly, citing different reasons for his veto on the proposed alterations.
In the amendment, if a party loses its candidate, who is leading in an election before the result is declared, fresh primary would have to be conducted to elect a new candidate within seven days of the death and the name has to be submitted to the Independent National Electoral Commission (INEC).
This is meant to forestall a replay of the scenario in Kogi State when the former Kogi State governor and All Progressives Congress (APC) candidate in the November 21, 2015, governorship election, Prince Abubakar Audu, who died on November 22 while the electoral process was still on, paving the way for the emergence of the incumbent governor, Mr. Yahya Bello, who was picked having contested in the primary that produced Audu.
Another aspect of the amendment is that INEC would no longer have the power to declare result in an election where a candidate dies before the conclusion of the process.
It would have to suspend the election for a period not more than 21 days.
Presenting the report to the lawmakers on Tuesday, May 7, the chairman, house committee on rules and business and member representing Jos South/Jos East federal constituency of Plateau State, Mr. Edward Pwajok said the latest attempt was done in line with the concerns raised earlier in the year by President Buhari, as contained in a communication addressed to Speaker of the House, Yakubu Dogara.
The president had in the latest rejection which was prior to the 2019 general elections stated that “I am declining assent to the Bill principally because I am concerned that passing a new electoral bill this far into the electoral process for the 2019 general election which commenced under the 2015 Electoral Act, could create some uncertainty about the applicable legislation to govern the process.
“Any real or apparent change to the rules this close to the election may provide an opportunity for disruption and confusion in respect of which law governs the electoral process.
“He also requested that the National Assembly make adjustments to some clauses in the Bill, with the hope its enactment would take effect only after the year’s general elections.
“This leads me to believe that it is in the best interest of the country and our democracy for the National Assembly to specifically state in the Bill, that the Electoral Act will come into effect and be applicable to elections commencing after the 2019 General Election,” he said.
He implored his colleagues to consider looking at the clauses the president pointed out in the bill that required reconsideration.
Some of the areas the president noted in the amendment bill were Section 5, amending section 18 of the Principal Act, which he said should indicate the subsection to which the substitution of the figure ‘30’ for the figure ‘60’ is to be effected.
“B. Section 11, amending Section 36 should indicate the subsection in which the provision is to be introduced.
“C. Section 24, which amends Section 85(1) should be redrafted in full as the introduction of the “electing” to the sentence may be interpreted to mean that the political parties may give 21 days’ notice of the intention to merge, as opposed to the 90 days provided in Section 84(2) of the Electoral Act, which provides the provision for merger of political parties.”
“D. The definition of the term “Ward Collection Officer” should be revised to reflect a more descriptive definition than the capitalized and undefined term “Registration Area Collation Officer.”
While considering the report, the lawmakers also adopted three new clauses, subsection 1 of Section 18 of the Principal Act.
This amendment seeks that any electoral officer apprehended for issuing a Permanent Voter Card (PVC) to any voter less than 30 days before election will be liable to five years imprisonment or a fine of N5 million or both.
The new subsection (2) proposes: “If the Electoral Officer or any other officer is satisfied as to the circumstances of the loss, destruction, defacement or damage of the voter’s card, he shall issue to the voter a replacement of permanent voter’s card.
New subsection (3) states: “No person shall issue a replacement of a permanent voters’ card to any voter on polling day or less than thirty (30) days before polling day.
The new subsection (4) says: “Any person who contravenes subsection (3) of this section commits an offence and is liable on conviction to 5 years imprisonment or a fine of N5, 000,000.00 or both”.
Section 36(1) of the Principal Act was also amended by (3) inserting after the word “days” and “proviso.”
With ThisDay report
