The Independent National Electoral Commission (INEC) has proposed far-reaching amendments to Nigeria’s electoral legal framework that would transfer the power to appoint state electoral officials from the President to the commission itself, among several other reforms.
The proposed changes, presented during a retreat with the National Assembly Joint Committee on Electoral Matters in Lagos on Monday, aim to promote transparency, efficiency, and inclusiveness in Nigeria’s electoral process.
INEC is seeking constitutional amendments that would allow it to appoint and discipline officials currently known as Resident Electoral Commissioners (RECs), to be renamed State Directors of Elections. These proposals would amend Section 14 (3), Paragraph F of the Third Schedule to the 1999 Constitution and Section 6 (3) of the Electoral Act 2022.
Currently, the appointment and removal of RECs are powers exclusively reserved for the President, subject to Senate approval. INEC argues that giving the commission control over these appointments would enhance its autonomy and effectiveness, especially following concerns raised during the 2023 general election.
In addition, INEC is proposing the replacement of Permanent Voter Cards (PVCs) with electronically downloadable voters’ cards or any other form of digital ID acceptable to the commission. This would involve amending Sections 47 (1) and 16 (1, 2 & 4) of the Electoral Act to reflect evolving technological realities and reduce logistical challenges.
Other key proposals include:
- Creation of Special Voting Provisions: Amendments to allow early, special, diaspora, and inmates voting, by revising Sections 77 (2), 117 (1), 132 (5), and 178 (5) of the Constitution.
- Establishment of Electoral Offences and Political Party Regulatory Agencies: Proposed through amendments to Sections 153 (1), 154 (3), 156 (1a), 157 (2), 158 (1), and 160 (1).
- Affirmative Action for Women and Persons with Disabilities (PwDs): Amendments to Sections 48, 49, 71, and 91 to create special seats or constituencies that guarantee inclusion of women and PwDs in elective offices.
- Clarification and Correction of Electoral Act Ambiguities: INEC highlighted inconsistencies in Sections 60 (5), 64 (4 & 5), 47 (2), 29 (1), 75 (3 & 4), 77 (3), 131 (5 & 6), and 132 (5–10), calling for a legislative clean-up to ensure clearer interpretations.
- Enhanced Powers for Election Result Review: An amendment to Section 65 (1) is proposed to specify that the commission can review results only when declarations are made under duress.
According to Mohammad Kuna, Special Adviser to INEC Chairman, these reforms are essential to safeguard Nigeria’s electoral integrity and encourage broader participation, especially among underrepresented groups.