A non-political organisation, The Collective Movement, TCM, has proposed an amendment to the 2022 Electoral Act, saying the amendment requires the procedural and technological innovations introduced by the Independent National Electoral Commission, INEC, to be backed by statutory enactment.
Chief Franklin Ekechukwu, Founder of TCM said in a statement, said: “Nigeria’s electoral jurisprudence, the Supreme Court, especially in JEGEDE V. INEC and WIKE V. PETERSIDE had declared that INEC is not legally required to transmit election results electronically.
“The Supreme Court, and the lower courts, have held that the INEC Result Viewing Portal (IReV), is an INEC innovation, is not a collation system and cannot constitute a part of the collation system.
“The courts have concluded that the IRev is only for viewing purposes, and nothing else. As a result, the Supreme Court had jettisoned the electronic transmission of results and the INEC election.
“Results Viewing (IRev) portal on the basis that the electronic transmission of results from the polling units to the IRev is not provided for in the Electoral Act 2022, and that it was only introduced by the commission in its regulations and guidelines.’’
He noted that this non-validation of the legality of the innovations introduced by INEC, through its regulations, guidelines and manuals issued according to the powers vested on the Commission, by the constitution of the Federal Republic of Nigeria, 1999 (As Amended), is at the core of a reform of the nation’s electoral system that will undoubtedly strengthen INEC as a public institution and restore public trust in the electoral process, thereby ensuring credible elections and ultimately, good governance in Nigeria.
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Ekechukwu explained that since the courts have maintained that innovations such as the smart card reader, Bimodal Voter Accreditation System, BVAS, and the IRev require statutory enactment to enjoy the full force of law, the collective movement, therefore, call on the joint National Assembly Committees on Electoral matters to immediately begin the process for the statutory enactment of all the INEC innovations as well as its Regulations, Guidelines, manuals, etc. into the Electoral Act.
This will ensure that our elections are credible and this credibility in our electoral system will enhance good governance in the society.
According to him, the collective movement, being promoters of good governance in Nigeria, calls on the Joint National Assembly Committees on Electoral matters to commence without further delay, the process of amending the Electoral Act 2022 with the incorporation of all INEC innovations, Regulations, Guidelines, manuals, etc, so that these innovations, regulations, guidelines etc will have a binding effect on INEC in the conduct of elections, especially the 2022 General Elections.
Ekechukwu added, “This statutory enactment of these INEC innovations, regulations among others into the Electoral Act will guarantee the credibility of our electoral process and remove loopholes in our electoral jurisprudence, especially that observed by the Supreme Court in JEGEDE V. INEC and WIKE V. PETERSIDE.
“By amending the Electoral Act 2022 as proposed above, The Collective Movement believes that the following will be achieved.
“It will compel polling unit officers to snap and upload election results directly to the IRev immediately after declaring the result at the polling units. This will allow real-time results.
“The real-time election results currently displayed on the IRev for public viewing only, will be the authentic results.
“It will Eliminate Manual Collation of Election Results, thereby eliminating the LGA and State Collation Centres, which serve as centres for manipulation of results and rigging.
“TCM, however, demanded that the Electoral reform should incorporate the law stipulating that “All Court cases after the declaration of the election results should be concluded before the Swearing in of the actual winners” No court cases should be pending or remain unconcluded before the courts after swearing-in.
“From the time of the military regime in Nigeria to date, the fighters for democratic government have always looked to have a government where the people elect the leaders of their choice by voting them into positions. The idea was sold to, and bought by the people, hence in 1999 Nigeria became democratic.
“In the process of achieving this feat, many died, like Musa Yar’Adua, Moshood Abiola, among others. There was never a time when the intention was to select leaders by the few elites or by the institution bestowed with the responsibility of carrying out the counting of the people’s vote, we feel that this practice is where Nigeria as a country has found itself. Leaders are being selected instead of being elected. This practice is far from being democratic.
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“For democracy to succeed in Nigeria, the people will need to want it, The people wanting it will imply that everyone involved regardless of the party, occupation, interest or position must stand for free and fair election, transparency of the process should be the shinning will of all and paramount, the elected or the contestants must strive to uphold the sanctity of the system by shunning “by all means necessary” mentality.’’
The founder of TCM, stressed that in the situation where Contestants refuse to maintain tranquility and allow the will of the people to prevail, where “by any means necessary mentality is prevailing amongst contestants/opponents, adding that it is then imperative that the Institution uphold its sanctity.
Ekechukwu noted that for the institutions to, upon sanctity, and integrity, and maintain democracy, transparency of the process must be conveyed to the people.
“The judiciary and the agencies upholding the democratic process of independence become more important. For democracy to succeed in Nigeria, the legislatures must have the willingness to make the laws that will advance it.
“Everyone involved should have the willingness to strive for a perfect union, to do that the laws that sustain democracy through transparency and upholding the will of the people must be always upheld.’’
He urged legislatures/lawmakers for the sake of Nigeria and the future of the next generation to amend the electoral law immediately without delay and pass it into law.
