Amendment to Boost Election Quality – Itodo

Understanding the Proposal for Early Elections in Nigeria

Samson Itodo, a Nigerian lawyer and founder of Yiaga Africa, an organization focused on promoting democracy in Africa, has shared his insights on the proposal to hold elections earlier than scheduled. According to him, this initiative is crucial for improving the electoral process in Nigeria.

There is currently a proposal before the National Assembly to amend the Electoral Act 2027, aiming to conduct the next general elections in 2026. This adjustment is based on two main reasons. First, there is a need to resolve all electoral disputes within a timeframe that aligns with constitutional requirements. The Constitution stipulates that elections must occur no earlier than 150 days and no later than 30 days after the end of the incumbent’s term.

This means that elections cannot be held less than 30 days before the current administration’s term ends. The rationale behind this rule is that if elections are not concluded on the first ballot, a runoff may be necessary. In such cases, it is essential to ensure that the runoff does not lead to a constitutional crisis.

It is not the first time this proposal has been considered. It was previously raised during the last amendment exercise but did not pass at that time. However, it continues to gain support among various stakeholders.

If the timeline for resolving electoral disputes is factored in, it becomes clear why holding elections in 2026 is necessary. For instance, considering the time required for litigation, appeals, and Supreme Court rulings, it can take approximately nine to ten months to conclude these processes. If elections were to be held in February, this would mean they would take place in 2026.

To address this issue, the proposal suggests shortening the duration of the litigation process or limiting the jurisdiction of certain courts. This would allow for quicker resolution of disputes, ensuring that the swearing-in of the new government can occur without delays.

Implications for Governance and Political Actors

One of the concerns raised is the impact of early elections on governance. Once the election process begins, it often shifts the focus of government activities towards the upcoming polls. This can lead to a decline in regular governance functions. However, according to Itodo, the political class has already begun campaigning for the 2027 elections, which has started to affect governance significantly.

The early start of campaigns has led to a situation where the government’s actions are increasingly geared toward the election cycle. This trend is likely to continue if the proposal moves forward. Therefore, it is essential for civil society organizations like Yiaga Africa to advocate for stricter regulations on campaign activities.

Another critical point is the role of security agencies in enforcing campaign laws. While INEC is responsible for regulating election-related activities, it is the security agencies that should ensure compliance with legal standards. For example, billboards and other forms of campaign advertising should be removed by the appropriate authorities.

Preparing for the New Timeline

If the proposed amendment is passed, it will have significant implications for various stakeholders, including political parties, INEC, and security agencies. These entities will need to adjust their timelines accordingly. For instance, the registration of political parties must end 12 months before the election date, and mergers must be finalized nine months in advance.

It is also important to consider the consequences of passing the law without addressing potential conflicts with existing regulations. If the amendment is not carefully reviewed, it could lead to legal challenges and disruptions in the electoral calendar.

Advice for Politicians

For politicians, the key advice is to study the law thoroughly once it is passed and understand its implications for their operations. They should seek legal opinions and prepare accordingly. If there are any issues with the law, they can rely on the courts to adjudicate on those matters.

Additionally, politicians should engage with the National Assembly strategically to voice their concerns and ensure that their interests are represented. This proactive approach can help prevent potential conflicts and ensure smoother implementation of the new electoral framework.

Conclusion

The proposal for early elections in Nigeria aims to enhance the electoral process by addressing critical issues related to dispute resolution, governance, and preparation. While there are challenges and concerns, the support from organizations like Yiaga Africa highlights the importance of this initiative in strengthening democratic institutions and ensuring a fair and transparent electoral process.