Nigeria’s House of Representatives has passed sweeping amendments to the Electoral Act, 2022, introducing a minimum two-year jail term, a N5 million fine, and a ten-year electoral ban for anyone convicted of buying or selling votes. The decisive move, taken during a clause-by-clause consideration on Thursday, marks one of the most aggressive legislative responses to the endemic problem of electoral corruption in the country’s recent history.
Presided over by the Deputy Speaker, Benjamin Kalu, the Committee of the Whole adopted the report of the House Committee on Electoral Matters, spearheaded by its Chairman, Adebayo Balongun. The approved amendments significantly escalate the consequences for electoral offences, shifting from previous penalties that capped fines at N500,000 and imprisonment at two years. Under the new Clause 22, offenders now face a mandatory sentence of at least 24 months, a steep N5 million fine, or both, alongside disqualification from contesting elections for a decade.
In a critical push for transparency, lawmakers fortified the results management process. They amended Section 60(3) to mandate the Independent National Electoral Commission to transmit polling unit results electronically to the INEC Result Viewing Portal in real time, concurrently with the physical collation. This provision aims to close gaps for manipulation that have previously sparked litigation and public distrust. Furthermore, a new subsection 6 prescribes a fine of no less than N500,000 or a minimum six-month imprisonment for any presiding officer who willfully breaches procedures on counting, announcement, or transmission.
The legislative overhaul addresses several other pain points in the electoral cycle. To combat funding delays that have hampered INEC’s preparedness, a new clause compels the release of election funds to the commission at least one year before a general election. Penalties for multiple voter registrations were also increased, with offenders now risking a N100,000 fine or one year imprisonment. Political parties have been granted an extended timeline, from 180 to 210 days before an election, to submit their final list of candidates to INEC.
Technological adoption received a boost with provisions approving the use of electronically generated voter identification, including downloadable voter cards with unique QR codes, for accreditation and voting. This move signals a potential shift away from exclusive reliance on the physical Permanent Voter’s Card.
Briefing journalists after the session, Committee Chairman Balongun revealed that the House had shelved initial plans to entirely repeal the 2022 Electoral Act. He explained that more radical proposals, including provisions for early voting and inmate voting, failed to secure sufficient consensus among lawmakers and key stakeholders. “As the legislative process progressed, it became evident that many of these far-reaching proposals did not command the support of the majority of members across the two Chambers, nor did they enjoy sufficient consensus among key stakeholders,” Balongun stated. The strategy thus pivoted to targeted amendments of the existing law.
This legislative action comes against a backdrop of persistent challenges to electoral integrity in Nigeria. Vote buying and selling, often conducted brazenly at polling units, have been widely condemned by observers, including the European Union Election Observation Mission and domestic civil society groups, as a major undermine of the democratic process. The efficacy of real-time electronic transmission was a central controversy in the aftermath of the 2023 general elections, making its explicit codification a significant development.
The amended bill must now be concurred with by the Senate before being transmitted to the President for assent. If enacted into law, these provisions will represent a formidable legal framework aimed at deterring malpractice. However, analysts note that the ultimate test will lie in consistent and impartial enforcement by security and anti-graft agencies, as well as the judiciary’s resolve to convict offenders. For Nigeria’s evolving democracy, this legislative step underscores a growing, albeit challenging, pursuit of credible elections.
