Strengthening the electoral process

LAST week, following the conclusion of the ten-year tenure of Professor Mahmood Yakubu, the National Council of State approved the nomination of Professor Joash Ojo Amupitan (SAN) as the new chairman of the Independent National Electoral Commission (INEC). In compliance with the constitution, President Bola Tinubu has to forward Amupitan’s name to the Senate for screening.  Instructively, the nomination of the Professor of Law at the University of Jos, Plateau State, comes amid intense advocacy for a restructuring of Nigeria’s electoral process to guarantee a fairer deal for Nigerians.

Among the challenges facing the electoral process are the open disdain for the Electoral Act and impunity by the political elite, disregard for internal democracy in candidate selection, political violence and vote buying, all aimed at subverting the electoral process. Other problems relate to opaqueness in party funding and expenditure, the failure of parties to submit audited reports to INEC and the National Assembly, as well as endless litigations and election disputes. The fact is well known that the Electoral Act provides specific limitations on campaign expenses, namely ₦5 billion for presidential candidates, ₦1 billion for governorship candidates, ₦100 million and  ₦70 million, respectively, for senatorial and House of Representatives candidates, in addition to pegging donations by individuals to ₦50 million. However, these provisions are violated with impunity, causing politicians to ride roughshod on the populace. Again, the huge number of court cases arising from party primaries and elections has been a major challenge for the electoral commission, whose capacity to handle litigation arising from electoral cases has often been questioned.

As we have said time and again, guaranteeing free and fair polls is not down to the electoral commission alone. The political class, security agencies, voters and election monitors all have key roles to play in the process. Although INEC under its immediate past chairman, Yakubu, faced intense scrutiny on a number of issues, including inconclusive elections, it is a fact that it undertook serious electoral reforms that are germane to the health of Nigeria’s democracy. As INEC chairman, Yakubu prioritised the development of technology as a means of guaranteeing electoral transparency and accountability. Among other landmarks, his leadership saw the introduction of the Bimodal Voter Accreditation (BVAS) System and the INEC Results Viewing Portal (IReV), designed to enable biometric verification and real‑time result transparency; and the digital transformation of electoral processes, including automated candidate nomination, observer accreditation, collation templates, and logistical data management, shifting INEC to a data‑centric agency. Among other developments, there were the expansion of the national voter register through nationwide registration drives, institutionalised year-round registration and updates that improved accessibility and register accuracy, voter education and inclusion; campaigns targeting youths, women, persons with disabilities, and internally displaced persons, coupled with the stronger coordination with security agencies, and the creation of additional polling units for easier access. INEC under Yakubu also introduced a data analytics hub that tracks over 1,000 indicators in real time, aiding rapid problem resolution; built robust partnerships with political parties, civil society, and international observers; promoted dialogue and public confidence,  and established the first Election Museum, professionalised staff training in data management and cybersecurity, and regularised the electoral calendar. This is highly commendable.

However, as Yakubu himself recognises, digital reforms alone cannot guarantee free and fair elections. The capacity of elections to advance the democracy and development narrative will continue to be hampered for as long as politicians turn election to theatres of war and engage in vote buying. And when, with impunity, security agencies turn a blind eye to attacks on law-abiding voters by agents of politicians and political parties, they are undermining the same process whose integrity they are meant to safeguard. Going forward, therefore, the country must consolidate on the electoral reforms so far undertaken by the commission. In particular, the electronic transmission of results must be made compulsory by integrating IReV into the Electoral Act. It is a positive development that the National Assembly is now open to the idea of concluding all election disputes before swearing in and allowing voting through other means of national identification.  The recommendations were unveiled on Monday at the public hearing on “A Bill for an Act to Repeal the Electoral Act No 13, 2022 and Enact the Electoral Act 2025” organised by the National Assembly Joint Committee on Electoral Matters” in the Federal Capital Territory, Abuja. As we said in previous editorials, there is much to be gained from conducting elections earlier than the current 150 days enshrined in the constitution; concluding all pre-election matters before the election; reducing the timeline for handling election petitions to 90 days from the date of filing the suit; terminating all pre-election matters at the Court of Appeal, and introducing diaspora and out-of-country voting.

Going forward, the new INEC leadership has to consolidate on the electoral reforms undertaken under Yakubu. The reforms are a plus for the country and should be given appropriate legal backing. It must deploy technology to curb electoral fraud and restore the confidence of Nigerians in the electoral process. It must undertake more vigorous voter education, learn from the drawbacks of previous elections, and be open to criticism and the observations of patriotic Nigerians.