Senate Amends Controversial Clause 52 Of Electoral Act, Adopts Direct Primaries

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The Senate on Tuesday amended four clauses of the Electoral Act Bill as passed by the upper chamber in July.

The President of the Senate, Ahmed Lawan, said the consideration was reached after a critical examination of the bill by the Senate Committee on INEC.

The committee observed that some fundamental issues which require fresh legislative action on clauses 43, 52, 63 and 87 were imminent.

After thorough deliberation by lawmakers on the floor of the chamber, the Senate made a U-turn on its decision that under clause 52(2) which initially stated that “the Commission may consider the electronic transmission of results provided that the national coverage is adjudged to be adequate and secure by the Nigeria Communications Commission and approved by the National Assembly.”

The new amendment by the Senate now reads that “voting at an election and transmission of results under this bill shall be in accordance with the procedure determined by the Commission.”

On Voting devices under clause 43(1) which initially stated that the commission shall provide suitable boxes or any other voting devices for the conduct of elections.

The new Amendment by the Senate now reads “the Commission shall provide suitable boxes, electronic voting device or any other voting device for the conduct of elections.”

Under clause 63(5) deals with the counting of votes, which initially states that the presiding officer shall transmit the results including the total number of accredited voters and results of the ballot in a manner as prescribed by the Commission.

The new amendment deletes the word transmit in clause 63(5) and replaces it with the transfer because the word transfer will cover for physical transmission of results.

On nomination of candidates by parties which initially reads a political party seeking to nominate candidates for elections under this Act shall hold direct or indirect primaries for aspirants to all elective positions which may be monitored by the Commission.

The new amendment now reads “a political party seeking to nominate candidates for elections under this bill shall hold direct primaries for aspirants to all elective positions, which shall be monitored by the Commission.

Both Houses of the National Assembly are expected to harmonize the resolutions as passed by both chambers for onward consideration.