Contd: The vetoed Constitution Amendment Bill; 7th Assembly & GEJ

Welcome to the second episode.  

We hope to engage the 8th Assembly on amendment of section 6 on reviewing the 40 years old requirement to become an Electoral Commissioner downwards to 32 years. This will allow youth representation in the Nigerian electoral decision making process. 

Sequel to the first article on the details of the last Constitution amendment Bill, this second episode is also in partnership with Policy and Legal Advocacy Centre (PLAC). Rising from a robust post-election experience sharing youth conference #YouthObservatory, the EOTM team decided to feature proposed amendments made to the Nigerian electoral process in the vetoed Constitution amendment Bill.

Proposed Amendments on Electoral Reforms, INEC and Political Parties

Section 65(2) (2) (b): Qualifications for election

This amendment gives room for independent candidates to contest elective positions, in the National Assembly. This is further replicated in the amended sections 106(d), 131(c), and 177, which are for the offices of the State House of Assembly, President and Governor respectively.

Section 66(1) (c): Disqualifications

This amendment in section 66 inserts an additional qualification barring persons from being elected into the Senate or the House of Representatives when they have been previously convicted for an electoral offence

The corresponding provision for State Houses of the Assembly is in the amended section 107.

Section 134: Election: two or more Presidential candidates

This amendment extends the time for INEC to conduct run-off Presidential elections from 7 days to 21 days.

A corresponding provision for gubernatorial run-off elections is in section 179.

Section 225: Finances of Political Parties

New section 225A empowers the INEC to deregister political parties for breaching registration requirements and/or failing to win presidential, governorship, local government chairmanship positions or a seat in the National or State Assembly.

Section 228: Powers of the National Assembly with respect to Political Parties

The amendment to this section confers on the National Assembly to make laws for the procedures, guidelines and qualifications for access to the ballot by political parties and independent candidates

Section 285: Establishment of Election Tribunals and Time for Determination of Election Petitions

This provision is altered to cover pre-election matters. Consequently, new subsections inserted under this section provide that a pre-election matter must be filed no later than 7 days of the event complained of while judgment must be delivered within 180 days from filling of the suit. An appeal on a decision in a pre-election matter must be filed within 14 days and disposed of within 60 days from the date of filling of the appeal by the court. The amendment here also addresses the issue of computation of time where an intervening event occurs within the stipulated period for hearing and determination of an election petition. The days of such supervening events that make it impracticable for judge to sit will not be counted as being 180 days period.

Credits to Policy and Legal Advocacy Centre and UK aid