DAILY POST
Before the 2023 general elections, the 2022 Electoral Act signed by President Muhammadu Buhari appeared to be the best to have happened to the nation’s electoral system. The Electoral Act gave much hope to Nigerians, who were eager at the time to recruit new sets of leaders at the state and national levels.
When some Nigerians expressed concerns that the new Act may not guarantee the required standard, the Independent National Electoral Commission, INEC, was quick to assure the citizens that their votes would count, especially with the introduction of technology.
But there were obvious loopholes exploited by politicians to manipulate the process.
DAILY POST takes a review of some sections of the Act.
Section 24
It is no more news that the 2023 general elections witnessed pockets of violence across the nation, resulting in the death of some persons. The attacks on polling units as seen during the just-concluded elections were orchestrated by politicians, who were aware of a lacuna in the electoral law.
For every attack that happened at any polling unit, a political party had organised the same to stop it from losing the election.
Politicians seem to have studied Section 24 of the 2022 Electoral Act and are availing themselves of the lapses in the Act. To them, it is better to disrupt voting and stop counting wherever their opponents are leading.
The section reads: “(1) In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.
“(2) Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.
“(3) Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.
“(4) Where the Commission appoints a substituted date in accordance with subsections (2), (3) and (4), there shall be no return for the election until polling has taken place in the area or areas affected.
“(5) Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.
“(6) The decision of the Commission under subsection (4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined…
