INEC Urges National Assembly To Expedite Action On Passage Of Electoral Reform Laws

By Nathaniel Gana

The Independent National Electoral Commission (INEC) has urged the National Assembly to fast-track the passage of key amendments to Nigeria’s electoral legal framework, to pave the way for the Commission’s timely implementation ahead of upcoming elections.

Speaking at the opening of a two-day retreat with the Joint Committee of the National Assembly on Electoral Matters on Monday 28th April 2025 at the Marriott Hotel, Lagos, the INEC Chairman, Prof. Mahmood Yakubu underscored the appeal by telling the story of what made it possible for the Commission to conduct the 2023 General Election without any posponement.

Prof Yakubu explained that prior 2023, postponement of the dates fixed for General Elections in Nigeria had been a perennial problem, as a result of logistic challenges associated with the production and delivery of sensitive materials such as ballot papers and result sheets.

Determined to change the narrative, the INEC Chairman said after a thorough review, the Commission came to the conclusion that the problem was not that of technical capacity.

He said: “Nigerian printers have the capacity to meet our needs. The real challenge was time management. Under the 2010 Electoral Act (as amended), the Commission had just 60 days between the conclusion of party primaries and the conduct of the General Election election to know which political party was fielding candidates for each of the 1,491 seats, made up of 1 presidential constituency, 28 governorship, 109 senatorial, 360 federal and 993 state constituencies. We need the information for customization of the ballot papers and results sheets. Moreover, the Voters’ Register, which is the basis for planning the procurement of sensitive materials, has been increasing with every election by an average of 10 million new voters from 2011 to the last election in 2023.”

The solution, he noted, was to amend the Electoral Act to provide for more time between party primaries and the nomination of candidates on the one hand, and the dates fixed for the election on the other. He also stated that the Commission had initially asked for one year, which was not favourably considered by the lawmakers, but who eventually settled for the current 180 days, which comes to six months.

His words: “As a result of that decision, the Commission had ample time to plan and consequently, for the first time in three electoral cycles, the 2023 General Election was not postponed on account of logistics associated with the printing and delivery of sensitive materials. Equally significant is that, for the first time since the restoration of democracy in 1999, not a single sheet of paper for the 2023 General Election was printed outside Nigeria. Everything was done within the country for which the Commission was commended by the Chartered Institute of Professional Printers of Nigeria (CIPPON).”

Prof. Yakubu also reminded the participants that a smiliar retreat, which took place in Lagos in March 2020, paved the way for the historic re-enactment of the Electoral Act 2022. He pledged the Commission’s readiness to share its field experience with the lawmakers as they deliberate on new reforms. He also commended the development partners “who have stood by INEC through thick and thin and have remained consistent in your support through the highs and lows of our electoral experience.”

Delivering a presentation titled “Issues and Contentions in the Electoral Legal Framework: An Overview from INEC’s Submission,” the Special Adviser to the INEC Chairman, Prof. Mohammed J. Kuna, outlined the Commission’s specific proposals for reform which, he explained, were drawn from its experiences in off-cycle, bye, and re-run elections; recommendations by domestic and international observers, judicial pronouncements, and shifting political realities.

Prof. Kuna acknowledged the major gains achieved with the Electoral Act 2022, which introduced over 80 new provisions that strengthened transparency, boosted the deployment of technology, improved political party regulation, enhanced election funding, and bolstered accountability.

Still, he noted: “A few issues and contentions have arisen with some requiring amendments to the Electoral Act 2022 and others demanding constitutional reform.”

The constitutional amendments proposed by INEC include:

• Special Voting and Inclusion: Amendments to Sections 72(2), 117(1), 132(5), and 198 of the 1999 Constitution to allow early, special and diaspora voting. This would enable essential service providers, election officials, and Nigerians living abroad to participate in elections.
• INEC’s Appointment Powers: Proposal to empower INEC to appoint Heads of its State and FCT Offices, strengthening its autonomy and efficiency.
• Creation of New Agencies: Recommendation for establishing an Electoral Offences Commission and a Political Party Regulatory Agency to tackle the persistent challenges of political party management and electoral crimes.
• Affirmative Action for Inclusion: Suggested amendments to Sections 48, 49, 71, and 91 to create special seats for women and Persons with Disabilities (PwDs), fostering more equitable representation.

Prof. Kuna also highlighted 11 key areas within the Electoral Act 2022 identified for amendment, including:

• Clarity and Corrections: Fixing ambiguities, referencing errors, and conflicting provisions, regarding among others,  the transmission and collation of results under Sections 60, 64, and 65.
• Review of Election Results: Amending Section 65(1) to clearly define INEC’s power to review election results.
• Special Voting Provisions: Adjusting Sections 12(2) and 45 to support early and special voting for designated groups, both domestically and abroad.
• Strengthening Party Regulation: Moving responsibilities for party registration, monitoring and deregistration to a proposed Political Party Regulatory Agency, which would require consequential amendments across more than 15 sections of the Act.
• Operational and Procedural Adjustments: Other proposed changes include clarifying timelines for candidate substitution under Section 31, redefining INEC’s role in managing and printing PVCs, regulating party primaries more strictly, and banning unaccredited agents at collation centers.

Prof. Kuna warned: “We must vigorously, thoroughly, and cautiously assess these proposals, ensuring that the solutions we offer today do not end up becoming tomorrow’s bottlenecks.”