URGENT CALL FOR SWIFT REVIEW AND PASSAGE OF ELECTORAL ACT AMENDMENTS WITHIN PERMISSIBLE LEGAL TIMELINES

CLEEN Foundation is concerned and urgently requests the National Assembly to expedite the review and passage of the proposed amendments to the Electoral Act, 2022 within the legally permissible timelines ahead of the next general elections. Electoral reforms derive their legitimacy not only from content but also from timing. Delayed amendments to the electoral legal framework have historically resulted in implementation gaps, legal uncertainties, operational challenges for the Independent National Electoral Commission (INEC), and avoidable post-election disputes. Nigeria must not repeat these costly mistakes.

The Electoral Act, 2022 clearly establishes statutory timelines that govern the conduct of elections and preparatory activities. Notably:

• Section 28 mandates INEC to publish the notice of election not later than 360 days before the date appointed for an election.
• Section 29 provides strict timelines for the submission and publication of candidates’ lists by political parties.
• Sections 31–34 regulate candidate substitution and withdrawals within defined timeframes.
• Sections 47, 60, and 64 provide the framework for voting procedures, collation, transmission, and declaration of results.

Any substantive amendment affecting these provisions, especially those relating to election timelines, result transmission, party primaries, early or special voting, and dispute resolution must be concluded well before INEC triggers the statutory election cycle. Once INEC issues a notice of election under Section 28, the legal and operational space for reform effectively closes.

Risks Posed by Delayed Amendments

We are concerned that prolonged legislative delays in finalising proposed amendments may result in:

1. Legal uncertainty and litigation, as stakeholders challenge the applicability of late-stage amendments.
2. Operational strain on INEC, particularly in planning, procurement, deployment, and voter education.
3. Compressed timelines for political parties, increasing the risk of flawed primaries and candidate disputes.
4. Reduced public confidence in the credibility and predictability of the electoral process.

International best practice and Nigeria’s own electoral history underscore the necessity of concluding electoral reforms at least 18–24 months before a general election to allow for effective implementation and stakeholder alignment.

Key Areas Requiring Urgent Legislative Clarity

We note that proposed amendments reportedly touch on critical areas including:

• Election timelines and sequencing;
• Result transmission and collation procedures;
• Use of technology in accreditation and voting;
• Party primaries and nomination processes;
• Resolution of pre-election and post-election disputes.

These are foundational elements of electoral integrity and must not be subjected to rushed or last-minute changes.

Our Call to the National Assembly

In light of the above, we call on the National Assembly to:

• Prioritise and conclude the Electoral Act amendment process without further delay;
• Ensure clarity, consistency, and constitutionality in all proposed amendments;
• Avoid introducing reforms that cannot be realistically implemented before the next election;
• Uphold the principle that electoral laws should not be altered too close to elections.

Nigeria’s democracy is best served when electoral rules are clear, stable, and known to all participants well in advance. Timely legislative action by the National Assembly is therefore not only a legal necessity but a democratic obligation.

Signed:

 

Peter Maduoma

Executive Director