Electoral Reform: NASS Seeks Conclusion of Election Litigations Before Swearing-In


Abuja: The National Assembly has announced a proposal mandating the conclusion of all election litigation matters prior to the swearing-in of winners in every election organized by the Independent National Electoral Commission (INEC). The proposed amendment also aims to conduct elections six months before the expiration of the tenure of an incumbent.



According to News Agency of Nigeria, Rep. Adebayo Balogun, Chairman of the House of Representatives Committee on Electoral Matters, highlighted some of the proposed amendments at the conclusion of a one-day Public Hearing on the Repeal of the 2022 Electoral Act and the Enactment of the 2025 Electoral Act. Balogun stated that the purpose was to allow adequate time for the resolution of election litigations before the swearing-in of declared winners.



Balogun further mentioned that Section 285 of the 1999 Constitution, as amended, would be further revised alongside Section 139. The proposed changes seek to reduce the tribunal judgment period from 180 days to 90 days and the appellate court judgment period to 60 days, with the entire process not exceeding 185 days.



The proposal indicates that elections for offices should be conducted no later than 185 days before the expiration of an incumbent’s tenure. For the offices of President and State Governors, elections must be held within this timeframe according to Section 4 (7) of the proposal document. Similarly, elections for Federal and State Legislators must adhere to this timeline as per Section 4(5).



The draft proposal introduces Section 27 (5-7) to address the constitutional impasse against the amendment, due to changes in Sections 76, 116, 132, and 178 of the Constitution. These amendments seek to transfer the determination of the election timeline from the constitution to the Electoral Act.



Under the continuous registration amendment, Section 10 includes the use of the National Identification Number (NIN) in voter registration. INEC is tasked with developing software to enable individuals with NIN to upload it for election purposes.



The proposal also includes provisions for inmate registration and voting, in accordance with an existing court judgment mandating INEC to facilitate inmate voting. For early voting, the bill proposes mechanisms for Nigerians whose official duties prevent them from voting on the main election days, ensuring their constitutional right to vote is upheld.



Furthermore, the proposal mandates the use of permanent voter’s cards as reflected in Sections 18 and 47, while deleting Section 22. It also includes provisions for the electronic transmission of election results and penalties for election officers who fail to comply with stipulated procedures.



Stakeholders, including INEC representative Prof. Abdullahi Zuru, expressed their support for the joint committee’s proposals during the public hearing.