Report of the Senate Committee on the Independent

REPORT OF THE SENATE COMMITTEE ON THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ON A BILL FOR AN ACT TO AMEND THE ELECTORAL ACT NO. 6, 2010 AND FOR OTHER RELATED MATTERS (S.B. 231 AND S.B. 234)

PROVISIONS OF PROVISIONS OF COMMITTEE’S RECOMMENDATION COMMITTEE’S CLAUTHE PRINCIPAL BILLS REMARKS/ SES ACT JUSTIFICATIONS

LONG TITLE: A Bill for an Act to amend the Electoral Act Justification: SB. 231: A Bill for an No. 6, 2010 and for Other Related Matters. The consolidated Bill Act to Strengthen the (SB. 231 and SB 234, Independent National as redrafted) seeks to Electoral Commission amend the Electoral Act by giving it more No. 6, 2010 and will Powers, and Providing overall strengthen the for the Substitution of capacity of INEC (“the Candidates after the Commission”) to Conduct of Primary conduct free, fair and Election in the event credible elections. of Death; and for Related Matters

SB. 234: A Bill for an Act to Amend the Electoral Act No. 6, 2010 and for Other Matters Connected Therewith

Page 1 of 51 Senate Committee on INEC ENACTED by the Retained National Assembly of the Federal Republic of Nigeria as Follows - 1 1.(SB. 234) The Retained . Electoral Act No. 6 of 2010 (in this Bill, referred to as “the Principal Act”) is further amended as set out in this Bill.

2 2. (SB. 234). Section 8 of the Principal Act is amended by Justification: . Section 8 of the inserting after subsection (4), a new a. This new insertion is Principal Act is subsection “(5)”, as follows: to deter political party amended by inserting members from a new subsection “(5) A person, who being a member of a fraudulently gaining “(5)” – political party, misrepresents himself by access into the not disclosing his membership, Commission as staff or “(5) A person, who affiliation, or connection to any political appointee in pursuit of being a member of a party in order to secure an appointment partisan interests. political party with the Commission in any capacity, misrepresents himself commits an offence and shall be liable, b. It imposes a duty on as such in order to on conviction, to imprisonment for at persons seeking to be secure an least five (5) years or a fine of at least engaged in the appointment with the N5,000,000, or both.” Commission in any Commission in any capacity to make full capacity, commits an disclosure of their offence and shall be political interests or liable on conviction to affiliations (if any) to imprisonment for a the Commission. term not below five (5) years without an option of fine”.

Page 2 of 51 Senate Committee on INEC 3 9 (5) The Section 9 of the Principal Act is amended by Justification: . registration of – a. The amendment in voters, updating subsection (1A) and revision of (a) inserting, after subsection (1), a new grounds the electronic the register of subsection “(1A)” – format of the Register voters under of Voters in law. this section shall “(1A) The Commission shall keep the stop not later Register of Voters as the National b. The amendment in than 30 days Register of Voters in its National subsection (5) gives before any Headquarter and other locations as the the Commission enough election covered Commission may determine from time to time to concentrate on by this Act. time: other issues relating to a general election – PROVIDED that the Commission shall having updated and keep the Register of Voters in – revised the register of voters 60 days before (a) electronic format in its central the election. database; and

(b) manual, printed, paper-based record or hard copy format.”; and

(b) in subsection (5) in line 2, by substituting for the figure “30”, the figure “60”.

4 15. The Section 15 of the Principal Act is amended Justification: . Commission by inserting after the word “printed” in line This amendment shall cause a 1, the expression “or reproduced, copied, grounds application for voters' register duplicated or saved in an electronic certified electronic for each State to format”. copies of the register in be printed, law because it takes and any person certification beyond

Page 3 of 51 Senate Committee on INEC or political party “printed” copies. may obtain from the Commission, on payment of such fees as may be determined by the Commission, a certified copy of any voters' register for the State or for a Local Government or Area Council or registration area within it.

5 19. (1) Subject Section 19 of the Principal Act is amended Justification: . to the provisions by: This insertion gives of section 9(5) registered voters who of this Act, the (a) substituting for subsection (1), a new may be absent from Commission subsection “(1)”, as follows: their areas of shall, by notice, registration but who appoint a period “(1) Subject to the provisions of section intend to vote at an of not less than 9(5) of this Act, the Commission shall, election, to check online 5 days and not not later than 30 days to a general for their names on the exceeding 14 election, appoint a period of 7 days voters’ register, from days, during during which a copy of the voters’ wherever they may be. which a copy of register for each Local Government, the voters’ Area Council or Ward shall be displayed register for each or published for public scrutiny at every Local Registration Area and on its official Government, website or any website established by

Page 4 of 51 Senate Committee on INEC Area Council or the Commission for that purpose.”; ward shall be displayed for (b) inserting, after subsection (1), a new public scrutiny subsection “(1A)” - and during which period “(1A) Upon displaying or publishing the any voters register in accordance with this objection or section, the Commission shall accept complaint in and consider objections and complaints relation to the in relation to the names omitted or names omitted included in the voters’ register or in or included in relation to any necessary correction, the voters’ within 14 days of publishing the voters register or in register in accordance with this relation to any section.”; and necessary correction, shall (b) inserting after subsection (3), a new be raised or subsection “(4)”, as follows: filed. “(4) Failure to display or publish the Justification: voters’ register as provided under This insertion imposes subsection (1) of this section shall greater responsibility on constitute an offence for which any officials of the official or staff of the Commission Commission to ensure responsible for such default shall be the integrity of the guilty and liable, on conviction, to voters’ register before imprisonment for a term of 6 months or an election. a fine of N100,000.”

6 3. (SB. 234). Section Section 36 of the Principal Act is amended Justification: . 36 of the Principal Act by: a. The deletion of the is amended by words “or the inserting new (a) deleting the words “or the Resident Resident Electoral subsection “(3)” – Electoral Commissioner” in line 2/3 of Commissioner” in

Page 5 of 51 Senate Committee on INEC subsection (1); and subsection (1) “(3) where a removes ambiguity on nominated candidate (b) inserting after subsection (2), a new who the duty lies to dies in the subsection “(3)”, as follows: act in the circumstances stated circumstances stated. under sub-section 1 of “ (3) If after the commencement of poll this section, the next and before the announcement of the b. The new insertion person, from the final result and declaration of a winner, [section (3)] fills a same political where lacuna in the law – a nominated candidate dies, the deceased which was recently the Commission shall, being emerged, with the (a) made manifest in Kogi highest number of satisfied of the fact of the death, State where a legal votes in the suspend the election for a period not candidate died before primary election shall exceeding 21 days; the final result of the be submitted to the governorship election (b) the political party whose candidate Commission to replace was announced. the deceased, and the died may, if it intends to continue to Commission shall participate in the election, conduct a accept such fresh direct primary within 14 days Also, it satisfies replacement as if the of the death of its candidate and section 141 of the deceased is alive.” submit a new candidate to the Principal Act on the Commission to replace the dead effect of non- candidate; and participation in all stages of an election by disallowing political (c) subject to paragraphs (a) and (b) of parties from this subsection, the Commission substituting a shall continue with the election, deceased candidate announce the final result and with a running mate declare a winner.” who had not participated all stages of an election, including primary.

Page 6 of 51 Senate Committee on INEC 7 4. (SB. 234). Section Justification: . 38 of the Principal Act Deleted This amendment is in is amended by conflict with sections inserting a new 132(3) and 178(3) of subsection “(2)” – the Constitution. “(2) Where there is a valid nomination by at least one political party, failure of a political party to validly nominate a candidate shall not constitute ground for extension of time for nomination or postponement of election”.

8 Section 43 of the Principal Act is amended Justification: . by inserting after subsection (4), new subsections “(4A)”, “(4B)”, and “(4C)”, as a. These new insertions will assure all party follows: agents that electoral documents have not “(4A) Polling Agents who are in been tampered with attendance at a polling unit, shall be and also prevent entitled, before the commencement of monopoly of control of the election, to have originals of election at the polling electoral materials, including ballot unit by any dominant party. papers, result sheets, ballot papers’ account and verification documents and b. The attachment of other electoral forms to be used by the criminal sanction to the Commission for the election inspected; exclusion of other

Page 7 of 51 Senate Committee on INEC and this process may be recorded in parties from the writing, on video or by other means by election is a deterrence any Polling Agent, accredited observer for the Commission’s staff – and this is or official of the Commission. particularly significant in view of the expected (4B) An election conducted at any greater attention to polling unit in violation of subsections such issues from the (3), (4), (4A) or (5) of this section this proposed Election of this section shall be invalid. Offences Commission. (4C) A Presiding Officer who contravenes subsections (3), (4), (4A) c. Also, recording of or (5) of this section commits an offence the election process and shall be liable, on conviction, to at will provide electronic least one (1) year imprisonment or a evidence to checkmate fine of N1,000,000, or both.” electoral irregularities and for the prosecution of alleged electoral offenders. 9 Section 44 of the Principal Act is amended Justification: . by inserting after subsection (2), new These insertions are subsections “(3)”, “(4)” and “(5)” intended to reduce respectively, as follows: election petitions/rerun elections predicated on “(3) The Commission shall, not later unlawful exclusion due than 20 days to an election, invite in to the Commission’s writing, a political party that nominated omission or a candidate in the election to inspect its misstatement of parties’ identity appearing on samples of identities on election relevant electoral materials proposed materials, names and for the election; and the political party logos especially. shall state in writing within 2 days of

Page 8 of 51 Senate Committee on INEC being so invited by the Commission that it approves or disapproves of its identity as it appears on the samples.

(4) Unless the political party disapproves of its identity under subsection (3) of this section, it shall not complain of unlawful exclusion from the election under this Act in relation to its identity appearing on electoral materials used for the election.

(5) A political party that fails to comply with an invitation by the Commission under subsection (3) of this section shall be deemed to have approved its identity on samples of electoral materials proposed to be used for an election.”

1 49. (1) Any 2. (SB. 231) Section Substitute for Section 49 of the Principal Act Justification: 0 person intending 49 of the Principal Act a new Section “49”, as follows: This substitution – . to vote with his is amended by a.gives solid legal footing voter’s card, inserting a paragraph “49. Accreditation of Voters, and clarity to the shall present (a) as follows: Transmission of accreditation data, Commission’s himself to a Issuance of ballot papers to voters, etc introduction of Smart Presiding Officer “49 (i) (a) the Card Readers for at the Electoral Presiding (1) A person intending to vote in an accreditation of voters polling unit in officer shall accredit election shall present himself with his during elections; the constituency every voter the voter’s card to a Presiding Officer for in which his accreditation process accreditation at the polling unit in the b.makes room for name is shall comprise constituency in which his name is introduction of other registered with verification of voters registered. election devices by the his voter’s card. using the card reader. Commission, as may

Page 9 of 51 Senate Committee on INEC Checking of the (2) The Presiding Officer shall use a be necessary, in the (2) The register of voters and Smart Card Reader or any other future; Presiding Officer linking of the outside technological device that may be shall, on being of the specified prescribed by the Commission from time satisfied that finger.” to time for the accreditation of voters, c. makes allowance for the name of the to verify, confirm or authenticate - the likelihood of failure person is on the of Card Readers and Register of (a) the genuineness or otherwise of the mandates the Voters, voter’s card; Commission to remedy issue him a such a situation if it is ballot paper and (b) that the voter’s card presented by substantial above indicate on the the voter is registered at the polling unit 10%; Register that the in the constituency in which the card is person has presented; voted. d.makes it almost (c) the biometric connection or impossible for people otherwise of the intending voter with to vote outside polling the voter’s card; and units where they are registered to vote; (d) the number of duly accredited voters in the polling unit. e.provides sanctions for violating the sanctity of (3) An intending voter shall not be the accreditation accredited to vote in an election if the process – being the voter’s card presented by him to the very fulcrum of the Presiding Officer is not - election process itself. (a) a genuine voter’s card issued by the Commission to the intending voter;

(b) registered at the polling unit in the constituency in which the card is presented, and

Page 10 of 51 Senate Committee on INEC (c) biometrically connected to the intending voter.

(4) Notwithstanding paragraph (3) (c) of this section, the Presiding Officer on being satisfied that an intending voter is the owner of the voter’s card, may accredit the intending voter to vote in the election:

PROVIDED that where the number of unaccredited voters under this subsection exceeds ten percent (10%) of the total number of registered voters in the polling unit, the Commission shall suspend the election in that unit and comply with subsection (3) (c) of this section at a later date, if the result of the election at that polling unit may affect the overall result in the Constituency.

(5) The Commission shall continue the conduct of an election suspended under subsection (4) of this section within 7 days of the suspension if the result of the election at that polling unit may affect the overall result in the Constituency:

PROVIDED that the Commission shall comply with subsection (3) (c) of this section.

Page 11 of 51 Senate Committee on INEC (6) Subject to subsections (1), (2), (3) and (4) of this section, the Presiding Officer shall, upon confirming that the intending voter’s name is on the Register of Voters, issue him with a ballot paper and record by ticking on the Register of Voters that the intending voter, having been accredited, received a ballot paper to vote in the particular election.

(7) The number of intending voters whose names are ticked for accreditation on the Register of Voters under subsection (6) of this section shall not be inconsistent with the number of intending voters accredited under subsections (3) and (4) of this section.

(8) At the end of accreditation of voters, the Presiding Officer shall instantly transmit the total number of intending voters accredited to vote with all other voter accreditation data captured under subsection (3) and (4) of this section by secured mobile electronic communication to the:

(a) collation center at each level of collation of results to which the polling unit belongs in the constituency where the election is held; and

Page 12 of 51 Senate Committee on INEC (b) central database of the Commission kept at the National Headquarter of the Commission:

PROVIDED that the Presiding Officer shall first record the total number of intending voters accredited to vote, with other relevant voter accreditation data from the polling unit, in forms or electoral documents as shall be prescribed by the Commission for this purpose from time to time.

(9) In respect of data of accreditation of voters, including polling unit results, for a particular election, the Commission shall not shut down its central database kept at its National Headquarter, until all election petitions and appeals pertaining to that election are heard and determined by the Tribunal or Court, as the case may be.

(10) Notwithstanding any provision to the contrary in this Act, a report issued by the Commission and certified by a designated official in the National Headquarter of the Commission showing the number of voters accredited under subsections (3) and (4) of this section shall be the conclusive record of accreditation of voters in an election.

(11) The result of an election in a

Page 13 of 51 Senate Committee on INEC polling unit shall be declared invalid, null and void either by the Commission or Tribunal or Court, as the case may be, if, –

(a) in the case of the Commission, there is no record of accreditation directly from the Smart Card Reader or any technological device used by the Commission in that polling unit for accreditation of voters, or

(b) in the case of the Tribunal or Court, there is no certified report of accreditation issued by the Commission under subsection (11) of this section.

(12) A Presiding Officer who wilfully and knowingly contravenes any provision of this section that applies to him shall be guilty of an offence and shall be liable, on conviction, to imprisonment for at least 5 years, without an option of fine.”

1 52. (1) (a) Section 52 of the principal Act is amended Justification: 1 Voting at an by: This amendment . election under mandates e-voting this Act shall be (a) substituting for subsection (2), a new without ambiguity but by open secret subsection “(2)”, - also give the ballot. Commission discretion “(2) The Commission shall adopt to use other methods if electronic voting in all elections or any it is impracticable to other method of voting as may be use e-voting in any determined by the Commission from election.

Page 14 of 51 Senate Committee on INEC time to time.”

1 53. (2) Where Section 53 (2) of the Principal Act is Justification: 2 the votes cast at amended by inserting after the word: This amendment makes . an election in ‘total number of any polling unit (a) “exceeds” in line 1, the word “either”; accredited voters’, a exceeds the and determining factor in number of the validity of votes in registered (b) “of” in line 2, the words “accredited or”. an election since total voters in that valid votes cast at an polling unit, the election cannot result of the reasonably exceed election for that total number of polling unit shall accredited voters. be declared null and void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at that polling unit may affect the overall result in the Constituency.

1 63. (4) The Section 63 of the Principal Act is amended Justification: 3 Presiding Officer by: a.Electronic transmission . shall count and of results, as proposed,

Page 15 of 51 Senate Committee on INEC announce the (a) substituting for subsection (4), a new will checkmate result at the subsection (4), as follows: falsification of results. Polling unit. “(4) Except electronic voting is adopted b.Recording of by the Commission and does not permit happenings in polling manual counting of votes, the Presiding units will limit Officer shall count the votes and incidences of announce the result at the polling unit malpractices, as such and, instantly thereafter, transmit the recording may be used votes and result of the election in the as evidence from polling unit by secured mobile electronic proper custody in communication to the: relation to electronic evidence under (a) collation center at each level of sections 84 and 258 collation of results to which the polling of the Evidence Act, unit belongs in the constituency where 2011. the election is held; and

(b) central database of the Commission kept at the National Headquarter of the Commission:

PROVIDED that the Presiding Officer shall first record the votes and result in forms or electoral documents as shall be prescribed by the Commission for this purpose from time to time.”;and

(b) by inserting after subsection (4), a new subsection “(5)”, as follows:

“(5) The process and procedure in subsections (1) to (4) may be recorded by any member of the public, party

Page 16 of 51 Senate Committee on INEC agent, accredited observer or official of the Commission.”

“(6) A Presiding Officer who wilfully contravenes any provision of this section shall be guilty of an offence and shall be liable, on conviction, to imprisonment for at least 5 years, without an option of fine.”

1 Insert after section 65, a new section 65A: Justification: 4 This new insertion . “National Electronic Register of Election creates a new National Results Electronic Register of Election Results for “65A. (1) The Commission shall compile, proper digital archiving maintain and update on a continuous and ease of access to basis, a Register of Election Results to results. be known as the National Electronic Register of Election Results which shall be a distinct database or repository of polling unit by polling results, including collated election results, of each election conducted by the Commission in the Federation, and the Register of Election Results shall be kept in electronic format by the Commission at its National Headquarter.

(2) Any person or political party may

Page 17 of 51 Senate Committee on INEC obtain from the Commission, on payment of such fees as may be determined by the Commission, a certified true copy of any election result kept in the National Electronic Register of Election Results for a State, Local Government, Area Council, Ward or Polling Unit, as the case may be and the certified true copy may be in printed or electronic format.”

1 Insert after section 67, a new section 67A: Justification: 5 This amendment is to . “Verification and confirmation of results enhance the integrity of the process of reaching 67A. (1) A Collation Officer or Returning the final result of an Officer at an election shall collate and election and its breach announce the result of an election, attracts a criminal subject to his verification and sanction. confirmation that the:

(a) number of accredited voters stated on the collated result are correct and consistent with the number of accredited voters recorded and transmitted directly from polling units under section 49(8) of this Act; and

(b) the votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from polling units under section 63(4) of this Act.

Page 18 of 51 Senate Committee on INEC (2) Subject to subsection (1) of this section, a Collation Officer or Returning Officer shall use the number of accredited voters recorded and transmitted directly from polling units under section 49(8) of this Act and the votes or results recorded and transmitted directly from polling units under section 63(4) of this Act to collate and announce the result of an election if a collated result at his or a lower level of collation is not correct.

(3) Where during collation of results, there is a dispute regarding a collated result or the result of an election from any polling unit, the Collation Officer or Returning Officer shall use the following to determine the correctness of the disputed result:

(a) the original of the disputed collated result or result for each polling unit where the election is disputed;

(b) the Smart Card Reader or other technological device used for accreditation of voters in each polling unit where the election is disputed for the purpose of obtaining accreditation data directly from the Smart Card Reader or technological device;

Page 19 of 51 Senate Committee on INEC (c) data of accreditation recorded and transmitted directly from each polling unit where the election is disputed, as prescribed under section 49 (8) of this Act; and

(d) the votes and result of the election recorded and transmitted directly from each polling unit where the election is disputed, as prescribed under section 63(4) of this Act.

(4) If the disputed result under subsection (3) were otherwise found not to be correct, the Collation Officer or Returning Officer shall re-collate and announce a new result using the information in subsection (3)(a), (b), (c) and (d) of this section.

(5) Where the dispute under subsection (3) of this section arose at the final level of collation and the Returning Officer has satisfied the provision of subsection (3) of this section, the Returning Officer shall accordingly declare the winner of the election.

(6) A Returning Officer or Collation Officer, as the case may be, who wilfully and knowingly contravenes a provision of this section that applies to him shall Page 20 of 51 Senate Committee on INEC be guilty of an offence if the results he collated or announced are false and he shall be liable, on conviction, to at least 5 years’ imprisonment, without an option of a fine.”

1 Insert after section 76, a new section “76A”, Justification: 6 as follows: This new insertion will . enhance accountability “Recording of details of electoral and tracing of the materials movement of electoral materials as a result of 76A. (1) An election conducted at a proper documentation polling unit without the prior recording of identities of the in the forms prescribed by the materials. Commission of the quantity, serial numbers and other particulars of results sheets, ballot papers and other sensitive electoral materials made available by the Commission for the conduct of the election shall be invalid.

(2) A Presiding Officer who wilfully and knowingly announces or signs any election result in violation of subsection (1) of this section is guilty of an offence and shall be liable, on conviction, to imprisonment for at least one (1) year without an option of fine.”

1 78. (5) An 5. (SB. 234) Section Section 78(5) of the Principal Act is Justification: 7 association 78(5) of the Principal amended by inserting after the word This amendment would . which, through Act is amended by “cancelled” in line 3, the words “and the make promoters of the submission after the word Association and each of its executives or political associations

Page 21 of 51 Senate Committee on INEC of false or “cancelled” by principal officers shall, on account of seeking to be registered misleading inserting the words such false or misleading information, be as political parties to information “and the said guilty of an offence and be liable, on ensure full compliance pursuant to the Association shall, on conviction, - with lawful registration provisions of account of such false requirements. this section, or misleading (a) in the case of the Association, to a procures a information, commits fine of N5,000,000; and certificate of an offence and shall registration shall be liable on conviction (b) in the case of each executive or have such to a fine of principal officer of the Association, to certificate N1,000,000 and the imprisonment for at least 6 months or a cancelled. executives of the said fine of N1,000,000 or both.” Association shall be imprisoned for a period not exceeding 2 months. 1 87. (1) A 6. (SB. 234) The Substitute for section 87 of the Principal Act Justification: 8 political party Principal Act is a new section “87” as follows: a. This amendment . seeking to amended, in section guarantees an all- nominate 87 by inserting a new inclusive primaries candidates for subsection “(9) (a)” “ 87. Nomination of Candidates by process for members of elections under after the existing Parties a political party. this Act shall subsection (9) – hold primaries “(9)(a) Where a (1) A political party seeking to b. It will forestall for primary election is nominate candidates for elections systemic control of aspirants to all conducted, and duly under this Act shall hold direct or parties’ primaries elective attended and certified indirect primaries for aspirants to processes by a select positions. by the Commission in all elective positions, which shall be few. (2) The compliance with this monitored by the Commission and procedure for Act, and the result is the result of every primary to elect c. It will limit internal the nomination subsequently changed candidates for an election to be party crises arising of candidates by or altered by a conducted by the Commission shall from exclusion of political parties political party, the be endorsed or certified by the candidates or for the various Commission shall Commission. manipulation of

Page 22 of 51 Senate Committee on INEC elective have the power to processes leading to the positions shall overrule the alteration (2) A political party shall not impose emergence of delegates be by direct or made by the political nomination qualification or for congresses under indirect party and uphold such disqualification criteria, measures, the indirect primaries primaries. primaries. or conditions on any aspirant or system. (3) A political candidate for any election in its party that constitution, guidelines, or rules for adopts the nomination of candidates for direct primaries elections, except as prescribed procedure shall under sections 65, 66, 106, 107, ensure that all 131, 137, 177 and 187 of the aspirants are Constitution of the Federal Republic given equal of Nigeria, 1999 (as amended). opportunity of being voted for by members of (3) For the purpose of nomination of the party. candidates for election, the total (4) A political fees, charges, dues and any party that payment howsoever named adopts the imposed by a political party on an system of aspirant or candidate shall not indirect exceed: primaries for the (i) One Hundred and Fifty Thousand choice of its Naira (N150,000) for a Ward candidate shall Councillorship aspirant in the FCT; adopt the procedure (ii) Two Hundred and Fifty Thousand outlined below: Naira (N250,000) for an Area (a) In the case Council Chairmanship aspirant in of nominations the FCT; to the position of Presidential candidate, a (iii) Five Hundred Thousand Naira party shall, (N500,000) for a House of Assembly

Page 23 of 51 Senate Committee on INEC (i) hold a special aspirant; presidential convention in the Federal (iv) One Million Naira (N1,000,000) for Capital Territory a House of Representatives or any other aspirant; place within the Federation that is agreed by the (v) Two Million Naira (N2,000,000) for National a Senatorial aspirant; Executive Committee of Five Million naira (N5,000,000) for a the party where (vi) Governorship aspirant; and delegates shall vote for each of the aspirants at (vii) Ten Million Naira (N10,000,000) for the designated a Presidential aspirant. centre; and (ii) the aspirant (4) Any requirement, criteria, measures, with the highest or conditions for the nomination of number of votes candidates for elections outside the at the end of provisions of subsections (2) or (3) voting shall be of this section shall be invalid, null, declared the void and of no effect whatsoever. winner of the Presidential (5) Every political party shall publish the primaries of the venues, dates, times, guidelines, political party procedures and other relevant and the aspirant information of its primaries, name shall be conventions or any event conveyed forwarded to the for the purpose of nominating Independent candidates for the party in, at least, National two (2) national newspapers and, at Electoral least, ten (10) days before the date Page 24 of 51 Senate Committee on INEC Commission as of the event to nominate candidates the candidate of for the party. the party (b) In the case Direct Primaries of nomination to (6) A political party that adopts the the position of system of direct primaries for the Governorship nomination of it candidate(s) for an candidate, a election shall ensure that all political party aspirants are given equal shall, where opportunity of being voted for by it intend to registered members of the party and sponsor comply with the procedure outline candidates: below – (i) hold a special congress in the (a) in the case of nominations to the state capital position of Presidential candidate in with delegates a Presidential election, a political voting for party shall, where it intends to each of the sponsor a candidate: aspirants at the congress to be (i) conduct direct primaries in the held on a registration areas in the 36 States specified date of the Federation and the FCT where appointed by all registered members of the party the National shall be eligible to vote and may Executive freely vote for any Presidential Committee aspirant of their choice; (NEC) of the party; and (ii) declare the Presidential Aspirant (ii) The aspirant with the highest number of valid with the highest votes cast during the primaries number of votes across the 36 States of the at the end of Federation and the FCT as the voting shall be winner of the Presidential

Page 25 of 51 Senate Committee on INEC declared the primaries; winner of the primaries of the party and (iii) hold a National Convention where it aspirant’s name shall present the winner of the shall be primaries to the public as the forwarded to the Presidential candidate of the party; Commission as and the candidate of the party, for the particular (iv) forward the name of the winner of State. the Presidential primaries to the (c) In the case Commission as the Presidential of nomination to candidate of the party in the the position of a Presidential election. candidate to the Senate, House (b) in the case of nomination to the of position of Governorship candidate Representatives in a Governorship election in a and State State, a political party shall, where House of it intends to sponsor a candidate: Assembly a political party (i) conduct direct primaries in the shall, where it registration areas in each Local intends to Government Area in the particular sponsor State where all registered members candidates: of the party in the State shall be (i) hold special eligible to vote and may freely vote congresses in for any Governorship aspirant of the Senatorial their choice; District, Federal Constituency (ii) declare the Governorship aspirant and the State with the highest number of valid assembly votes cast in all Local Government

Page 26 of 51 Senate Committee on INEC constituency Areas in the particular State as the respectively, winner of the Governorship with delegates primaries in the State; voting for each of the aspirants in designated (iii) hold a State Congress where it shall centre on present the winner of the specified dates. Governorship primaries to the (ii) The aspirant public as the Governorship with the highest Candidate of the party in the number of votes Governorship election; and at the end of voting shall be declared the (iv) forward the name of the winner of winner the primaries to the Commission as of the primaries the Governorship candidate of the of the party and party in the election for the State. the aspirant’s name shall be (c) in the case of nominations to the forwarded to the position of Senatorial candidate, Commission as House of Representatives candidate the candidate of and State House of Assembly the party. candidate for a Senatorial District, a (d) In the case Federal Constituency and a State of the position House Constituency respectively, a of a political party shall, where it Chairmanship intends to sponsor candidates in candidate of an elections for these elective Area council a positions,: political party shall, (i) conduct direct primaries in the where it intends registration areas in each Local to sponsor Government Area in the Senatorial candidates: District where all registered

Page 27 of 51 Senate Committee on INEC (i) hold special members of the party in the congresses in Senatorial District shall be eligible the Area to vote and may freely vote for any Councils, with Senatorial aspirant of their choice; delegates voting for each of the (ii) conduct direct primaries in the aspirants at registration areas in each Local designated Government Area in the Federal centres on a Constituency where all registered specified date, members of the party in the Federal and Constituency shall be eligible to (ii) The aspirant vote and may freely vote for any with the highest House of Representatives aspirant number of votes of their choice; at the end of voting shall be declared the (iii) conduct direct primaries in the winner registration areas in each Local of the primaries Government Area in the State of the party and Assembly Constituency where all the aspirant’s registered members of the party in name shall be the State Assembly Constituency forwarded to the shall be eligible to vote and may Commission as freely vote for any State House of the candidate of Assembly aspirant of their choice; the party. (5) In the case of a (iv) subject to sub-paragraph (i) of this councillorship paragraph, declare the Senatorial candidate, the aspirant with the highest number of procedure for valid votes cast in all Local the nomination Government Areas in the particular of the candidate Senatorial District as the winner of shall be the primaries in the Senatorial

Page 28 of 51 Senate Committee on INEC by direct District and forward the name of primaries in the the winner to the Commission as ward and the the Senatorial candidate of the name of the party in the election for the candidate with Senatorial District; the highest number of votes shall be (v) subject to sub-paragraph (ii) of this submitted to the paragraph, declare the House of commission as Representatives aspirant with the the candidate of highest number of votes in all Local the party. Government Areas in the Federal (6) Where there Constituency as the winner of the is only one primaries in the Federal aspirant in a Constituency and forward the name political party of the winner to the Commission as for any of the the House of Representatives elective candidate of the party in the positions election for the Federal mentioned in Constituency; and paragraph (4) (a), (b), (c) and (d), the party (vi) subject to sub-paragraph (iii) of shall convene a this paragraph, declare the State special House of Assembly Aspirant with convention or the highest number of votes in all congress at a Local Government Areas in the designated House of Assembly Constituency as centre the winner of the primaries in the on a specified House of Assembly Constituency date for the and forward the name of the winner confirmation of to the Commission as the State such aspirant House of Assembly Candidate of the and the name of party in the election for the State

Page 29 of 51 Senate Committee on INEC the aspirant Assembly Constituency. shall be forwarded to (d) in the case of the position of a the commission Chairmanship candidate of an Area as the candidate Council in the Federal Capital of the party. Territory, a political party shall, (7) A political where it intends to sponsor a party that candidate: adopts the system of (i) conduct direct primaries in the indirect registration areas in the Area primaries for the Council, where all registered choice of its members of the party in the Area candidate shall Council shall be eligible to vote and clearly may vote for any Chairmanship outline in its aspirant of their choice; constitution and rules the (ii) declare the Chairmanship aspirant procedure for with the highest number of votes in the democratic all registration areas in the Area election of Council as the winner of the delegates to Chairmanship primaries in the Area vote at the Council and forward the name of convention, the winner of the Chairmanship congress or primaries to the Commission as the meeting, in Chairmanship candidate of the party addition to in the election for the Area Council. delegates already Election of Delegates for Indirect prescribed in the Primaries constitution of (7) A political party that adopts the the party. system of indirect primaries for the (8) A political nomination of its candidate(s) for appointee at any election shall conduct a delegates

Page 30 of 51 Senate Committee on INEC level shall not election in all registration areas in be an automatic the constituency where the election voting delegate is to be held and all registered at the members of the party in that Convention or registration area shall be eligible to Congress of any vote for any contestant who political presents himself to be a delegate of party for the the party, purpose of nomination of PROVIDED that the delegates candidates for election shall be monitored by the any election, Commission and the result of every except where delegates election shall be such a political endorsed or certified by the appointee is also Commission. an officer of a political party.

(9) (8) A political party leader or Notwithstanding official who is not elected in his or the provisions of her registration area as a delegate the Act or rules of his or her party under of a political subsection (7) of this section shall party, an not be a voting delegate of the aspirant who complains that party and shall not vote in his or any of the her party’s indirect primaries but provisions of may perform his or her functions in this Act and the a neutral as may be prescribed in guidelines of a his or her party’s constitution in political party relation to indirect primaries, has not been complied with in the selection or PROVIDED that in performing his

Page 31 of 51 Senate Committee on INEC nomination of a or her functions as a party leader candidate of a or official in relation to indirect political party primaries, the party leader or for election, official shall not conduct himself in may apply to the Federal High any manner whatsoever to impact Court or the the election in favour of any High Court of a aspirant in the indirect primaries. State or FCT, for redress. (9) A party leader or official who (10) Nothing in contravenes the provisions of this section shall subsection (8) of this section empower the Courts to stop commits an offence and shall be the holding of liable on conviction to primaries or imprisonment for one (1) year or a general election fine of One Million Naira under this Act (N1,000,000). pending the determination of Automatic Delegates the suit. (8) All National, State, Local Government Area/Area Council and Ward executives of a party and elected officials of government mentioned below who are members of the party shall be automatic or super delegates who shall be eligible to vote in their party’s indirect primaries – (a) President and former Presidents; (b) Vice President and former Vice Presidents, (c) Governors and former Governors; Page 32 of 51 Senate Committee on INEC (d) Deputy Governors and former Deputy Governors; (e) Senators and former Senators; (f) Members of the House of Representatives and former Members of the House of Representatives; (g) Members of State Houses of Assembly; (h) Chairmen of Local Government Areas/Area Councils; and (i) Councillors of Wards,

PROVIDED that: (i) the number of automatic or super delegates shall not exceed Ten percent (10%) of the total number of elected delegates, and (ii) the party shall have the power to determine in its constitution or nomination guidelines and manuals, the particular indirect primaries orelection to particular elective offices(s) that automatic or super delegates shallvote.

(9) A political party that adopts the system of indirect primaries for the choice of its candidate may outline further guidelines, rules and procedures Page 33 of 51 Senate Committee on INEC to guarantee free, fair, and credible election of delegates to vote at a convention or congress of the party, but such further guidelines, rules and procedures shall not be inconsistent with the provisions of this Act.

(10) Any official of the Commission who issues, endorses or certifies a false report or result in respect of a delegates election or primaries of a political party commits an offence and shall be liable on conviction to imprisonment for one (1) year or a fine of One Million Naira (N1,000,000), or both.

Indirect Primaries (11) A political party that adopts the system of indirect primaries for the nomination of its candidate(s) for election shall ensure that all aspirants are given equal opportunity of being voted for by delegates of the party who shall be registered members of the party.

(12) Where a political party adopts the system of indirect primaries for the nomination of its candidate(s) for elections, the party shall adopt the Page 34 of 51 Senate Committee on INEC procedure outlined below –

(a) in the case of nominations to the position of Presidential candidate, a political party shall, where it intends to sponsor a candidate, –

(i) hold a special presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation and on a date agreed by the National Executive Committee of the party where delegates of the party shall vote for each of the presidential aspirants of the party; and

(ii) the presidential aspirant with the highest number of votes at the end of voting shall be declared the winner of the Presidential primaries of the political party and the aspirant’s name shall be forwarded to the Commission as the presidential candidate of the party;

(b) in the case of nomination to the position of Governorship candidate, a political party shall, where it intends to sponsor candidates, -

(i) hold a special congress at a designated centre in the State Capital or any other place within the State and on a date agreed by the party where

Page 35 of 51 Senate Committee on INEC delegates of the party shall vote for each of the governorship aspirant of the party; and

(ii) the governorship aspirant with the highest number of votes at the end of voting shall be declared the winner of the governorship primaries of the party and the party shall forward the aspirant’s name to the Commission as the candidate of the party, for the particular State;

(c) in the case of nomination to the position of a candidate to the Senate, House of Representatives and State House of Assembly, a political party shall, where it intends to sponsor candidates, -

(i) hold special congresses in the Senatorial District, Federal Constituency and the State assembly constituency respectively in designated centres and on a date or dates agreed by the party where delegates of the party shall vote for each of the Senatorial, House of Representatives and House of Assembly aspirants of the party; and

(ii) the Senatorial, House of Representatives and House of Assembly aspirant with the highest number of votes at the end of voting shall be Page 36 of 51 Senate Committee on INEC declared the winner of the primaries of the party for Senatorial District, Federal Constituency and the State assembly constituency respectively and the aspirant’s name shall be forwarded to the Commission as the Senatorial, House of Representatives and House of Assembly candidate of the party, as the case may be; and

(d) in the case of the position of a Chairmanship candidate of an Area Council, a political party shall, where it intends to sponsor candidates:

(i) hold special congresses in the Area Councils, with delegates voting for each of the aspirants at designated centres on a specified date, and

(ii) the aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party.

(13) In the case of a Councillorship candidate, the procedure for the nomination of the candidate shall be by direct primaries in the ward and the name of the candidate with the highest

Page 37 of 51 Senate Committee on INEC number of votes shall be submitted to the Commission as the candidate of the party.

(14) Where there is only one aspirant for an elective position in a party that has adopted the direct system of primaries, such an aspirant shall be deemed to be unchallenged and the party shall forward the name of the aspirant to the Commission as the candidate of the party.

(15) Where there is only one aspirant for any of the elective positions mentioned in subsection (12)(a), (b), (c) and (d) of this section, the party shall convene a special convention or congress, as the case may be, at a designated centre in the particular constituency on a specified date to confirm that aspirant as the candidate of the party and the party shall forward the name of the aspirant to the Commission as the candidate of the party.

(16) A political appointee at any level of government shall not be an automatic or super delegate at the convention or Page 38 of 51 Senate Committee on INEC congress of any political party for the purpose of nomination of candidates for any election under the indirect primaries system, except where such a political appointee is also an officer of a political party or otherwise elected as a delegate under subsection (7) of this section.

(17) Where a political party conducts its primaries or delegates election with the Commission in attendance and the result of the primaries or delegates election is endorsed or certified by the Commission, this shall be prima facie proof of the result of the election or delegates election.

(18) Nothing in this section shall prevent a political party from organising staggered primaries.

(19) Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act or rules of a political party has not been complied with in the nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State or the FCT for redress. Page 39 of 51 Senate Committee on INEC (20) Nothing in this section shall empower the Courts to stop the holding of primaries or general election or the processes thereof under this Act pending the determination of the suit.”

1 Section 112 of the Principal Act is amended Justification: 9 by inserting after subsection (3), a new This new insertion . subsection “(4)”, as follows: makes similar provisions in respect of “ (4) If after the commencement of poll Area Council elections and before the announcement of the to take care of gaps in final result and declaration of a winner, the law, as exposed during the last a nominated candidate dies, governorship election in (d) the Commission shall, being Kogi State. satisfied of the fact of the death, suspend the election for a period not exceeding 21 days;

(e) the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate; and

(f) subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and Page 40 of 51 Senate Committee on INEC declare a winner.”

2 138. (1) An Section 138 of the Principal Act is amended Justification: 0 election may be by: . questioned on a. The new insertion any of the (a) inserting after the word “Act” in line 2 (subsection (3)) following of subsection (1)(b), the words “and defines with clarity the grounds, that is published manuals, guidelines, qualifications to be to say - regulations, procedures or directives met in order to contest (b) that the issued by the Commission for the an election. election was conduct of the election.”; invalid by b. The amendments in reason of (b)inserting after the word “Act” in line 4 of subsections (1)(b) and corrupt practices subsection 2, the words “and published (2) will guarantee or non- manuals, guidelines, regulations, compliance with compliance with procedures or directives issued by the guidelines issued by the provisions Commission for the conduct of the the Commission under of this Act; election.”; and the Constitution subject to publication (2) An act or (c) inserting after subsection (2), a new or gazetting before the omission which subsection “(3)”, as follows: elections. may be contrary to an instruction “(3) With respect to subsection (1) (a) or directive of of this Section, a person shall be the Commission deemed to be qualified for an elective or of an office and his election shall not be officer appointed questioned on grounds of qualification for the purpose if, with respect to the particular election of the election in question, he meets the applicable but which is not requirements of sections 65, 106, 131 or contrary to the 177 of the Constitution of the Federal provisions of Republic of Nigeria, 1999 (as amended) this Act shall and he is not, as may be applicable, in not of itself be a breach of sections 66, 107, 137 or 182 Page 41 of 51 Senate Committee on INEC ground for of the Constitution of the Federal questioning the Republic of Nigeria, 1999.” election. 2 139. (1) An Section 139 of the Principal Act is amended Justification: 1 Election shall by inserting after the word “Act” in line 4 of a. Insertion is for . not be liable to subsection (1), the words “and consistency in section be invalidated publishedmanuals, guidelines, 138(1) and (2). by reason of regulations, procedures or directives non compliance issued by the Commission for the with the conduct of the election”. provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non compliance did not affect substantially the result of the election.

2 140(1) Subject Section 140 of the Principal Act is amended Justification: 2 to subsection by: a.The amendment in . (2) of this section 140(1) gives section, if the (a) adding the small letter “s” to the word certainty by limiting Tribunal or the “subsection” in line 1 of subsection (1); time for fresh or rerun court as the elections to 90 days

Page 42 of 51 Senate Committee on INEC case may be (b) inserting after the expression after a decision by a determines that “subsection (2)” in line 1 of subsection tribunal (where there a candidate who (1), the expression “and (4)”; is no appeal) or a was returned as decision by a final elected was not (c) inserting after the word “election” in line appellate court. It will validly elected 4 of subsection (1), the words “and shall cure the current on any ground, order the Commission to conduct a mischief of having the Tribunal or fresh election not later than ninety vacancies in legislative the Court shall (90) days after the decision if an houses all over the nullify the appeal is not filed against the decision, country because of the election. or not later than ninety (90) days after absence of clear the nullification of the election by the statutory provisions 140(2) Where court having final appellate jurisdiction mandating the an election in respect of the said election.”; Commission within tribunal or court stipulated timeframes. nullifies an (d) substituting for subsection (2) a new election on the subsection "(2)”, as follows: b.The amendment in ground that the section 140(2) person who “(2) Where an election Tribunal or Court separates the effect of obtained the nullifies an election on the ground that nullification of an highest votes at the person who obtained the highest election, as a result of the election was votes at the election was not qualified non-qualification of the not qualified to to contest the election, the election winner, from the effect contest the Tribunal or Court shall declare as of nullification of an election, or that elected the person with the second election on grounds of the election was highest number of valid votes cast at non-compliance and marred by the election and satisfies the irregularities. The substantial requirements of the Constitution and rationale is that the irregularities or this Act: Electoral Act imposes non-compliance obligations on Parties with the PROVIDED that the person with the and their Candidates to provisions of second highest number of valid votes satisfy relevant this Act, the cast at the election remains a member qualification criteria election tribunal of the political party on which platform with added sanctions

Page 43 of 51 Senate Committee on INEC or court shall he contested the election; otherwise, for defaulting. Public not declare the the candidate with the next highest resources should not person with the number of votes in the election and be wasted on fresh or second highest who satisfies the same conditions rerun elections where votes or any herein shall be declared the winner of a party and its other person as the election.”; and candidates fail to elected, but comply with the law. shall order for a (e) inserting after subsection (3), new Those who complied fresh election subsections "(4)” and “(5)”, as follows: should not be subjected to another “(4) Where an election Tribunal or Court costly election process. nullifies an election on the ground that In athletics, where the the election was marred by substantial winner of a race fails a irregularities or non-compliance with doping test, the race is the provisions of this Act, the election not retaken; the gold tribunal or court shall not declare the medal is awarded to a person with the second highest votes as runner up. elected:

PROVIDED that where the election c. The amendment in Tribunal or Court finds the irregularities section 140(4) is or non-compliance to be non-substantial sound in that no to affect the overall result of the winner can reasonably election, it shall not nullify the election emerge from an but shall declare the person with the election that was highest number of votes as elected. marred by substantial irregularities and (5) No election petition filed within the noncompliances. constitutional time shall be defeated or struck out on any technical ground but the Tribunal or Court shall hear and determine the petition on the merits on the basis of evidence led and not otherwise.”

Page 44 of 51 Senate Committee on INEC 2 Insert after section 142, a new section Justification: 3 “142A”, as follows: This new insertion . makes the “Sufficiency of documentary evidence determination of election petitions on the 142A. It shall not be necessary for a merit a matter of party who alleges non-compliance with substantive law rather the provisions of this Act and than a procedural one. thepublished manuals, guidelines, This is founded on the regulations, procedures or directives reasoned view that issued by the Commission for the unjust determination of conduct of elections to call oral evidence election petitions using if originals or certified true copies of procedural technicalities electoral documents or materials used defeats the by the Commission to conduct the fundamental essence of election in the polling unit(s) where the justice. It will give noncompliance is alleged are listed in a clarity to the courts petition and tendered at the trial of the rather than the petition in proof of the non-compliance discretionary approach complained of.” being applied presently.

2 Section 151 of the Principal Act is amended Justification: 4 by inserting after subsection (2), a new This new insertion will . subsection “(3)”, as follows: check the impunity of officials of the “(3) Where there is a breach of an order Commission of not of a court or tribunal directed at the Commission particularly, order to complying with orders produce, inspect or take copies of of tribunals or courts, electoral materials, such disobedience directed at frustrating shall attract court sanctions, which shall litigants in election include the committal by the Tribunal or cases, who have limited

Page 45 of 51 Senate Committee on INEC Court of the Commission’s official to time under the whom the order is directed to summary Constitution to litigate conviction to imprisonment for at least issues. two (2) years, without an option of fine.”

2 The Principal Act is amended by inserting 5 after section “152”, new sections “152A”, . “152B”, “152C” and “152D” as follows:

“152A.Subject to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the provisions of this Act guaranteeing the conduct of free, fair and credible elections by the Independent National Electoral Commission shall apply with equal force to elections conducted by State Independent Electoral Commissions in the Federation.

152BAll elections conducted by a State Independent Electoral Commission to a local government council in the Federation shall be in compliance with the provisions and spirit of this Act, with election procedures stated in this Act.

152C. Any election conducted by a State Independent Electoral Commission to a local government council in the Federation in violation of section 152B or any provision of this Act shall be null, void and of no effect whatsoever.

Page 46 of 51 Senate Committee on INEC 152D. Any official of a State Independent Electoral Commission who acts in contravention of section 152B or any provision of this Act shall be subject to prosecution as if he were an official of the Independent National Electoral Commission.”

2 Paragraphs 46(4) of the First Schedule to the Justification: 6 Principal Act is amended by inserting after The reading of . the word “consent” in line 2, the expression documentary evidence “; such documentary evidence shall be entails a practical deemed demonstrated in open court; demonstration of their the parties in the petition shall be contents and it is of the entitled to address and urge argument essence that parties are on the content of the document; and the given opportunity to tribunal or court shall scrutinize or address a tribunal or investigate the content of the court on the document documents as part of the process of for the purpose of ascribing probative value to the giving or not giving documents or otherwise.” probative value to the documents. 2 Section 156 of the Principal Act is amended 7 by: . (a) inserting after the definition of the words “Electoral Officer”, the definition of the expression “electronic format”, as follows:

“electronic format” refers to the electronic version of the Register of Voters or National Electronic Register

Page 47 of 51 Senate Committee on INEC of Election Results, as the case may be, created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means and which may be converted to or reproduced in a paper document.

(b)inserting after the definition of the phrase “National Assembly”, the definition of the expression “number of voters not accredited”, as follows:

““number of unaccredited voters” as used in section 49(4) of this Act means number of intending votersnot accredited to vote in a polling unit under section 49(3) of this Act.”

(c) inserting after the definition of the word “President”, the definition of the expression “Presiding Officer”, as follows:

““Presiding Officer” means a person appointed by the Commission to be in charge of the conduct of election in a polling unit or polling station, and this shall include persons who may be under different titles but who are charged by the Commission with the

Page 48 of 51 Senate Committee on INEC same responsibilities at a polling unit or polling station as a Presiding Officer.”; and

(d)inserting after the definition of the words “Presiding Officer”, the definition of the expression “published manuals, guidelines, regulations, procedures or directives issued by the Commission for the conduct of the election”, as follows:

“published manuals, guidelines, regulations, procedures or directives issued by the Commission for the conduct of the election” means any book, booklet or manual published by the Commission - (a) that is consistent with the provisions of this Act;

(b) for the purpose of guiding the conduct of free, fair and credible elections; and

(e)inserting after the definition of the word “Return”, the definition of the expression “Returning Officer”, as follows:

“Returning Officer” means a person

Page 49 of 51 Senate Committee on INEC appointed by the Commission to be in charge of the conduct of election in a constituency, and this shall include persons who may be under different titles but who are charged by the Commission with the same responsibilities in a constituency as a Returning Officer.”

2 7. (SB. 234) This Bill This Bill may be cited as the Electoral Act No. 8 is cited as the 6, 2010 (Amendment) Bill, 2016. . Electoral Act (Amendment) Bill, 2016.

3. (SB. 231) This Bill may be cited as the Electoral Act No. 6 2010 (Amendment) Bill, 2016

2 EXPLANATORY The Bill seeks to amend the Electoral Act No. 9 MEMORANDUM 6 of 2010 to make provisions for the . restriction of the qualification for elective SB. 231: This Bill office to relevant provisions of the seek to amend the Constitution of the Federal Republic of 2010 Electoral Act No. Nigeria 1999 (as amended); use of Card 6 to make provisions Readers and other technological devices in for the use of card elections; and other matters. reader for election in Nigeria

SB. 234: The Bill seeks to amend the

Page 50 of 51 Senate Committee on INEC Electoral Act No. 16 of 2010 to strengthen Independent National Electoral Commission to properly the provision of the Act in relation to substitution of candidates in the event of death or otherwise after the conduct of primary elections.

Page 51 of 51 Senate Committee on INEC