The House of Representatives is set to consider a new bill aimed at reforming the election petition process, with a proposal to shorten the time allowed for election litigations from 180 days to 150 days. This move seeks to address concerns about the prolonged duration of election disputes while foreclosing calls for petitions to be resolved before the swearing-in of elected officials.
The proposed Electoral Bill 2025, which will be discussed in the House on Tuesday, outlines key changes to the election petition process. Under the new law, election petitions must be filed within 21 days following the declaration of election results, and judgments must be delivered 150 days from the date of filing.
The bill also aims to curtail frivolous petitions, proposing heavy fines for both legal counsels and clients who bring forth election challenges outside the legally defined grounds. This is expected to discourage misuse of the legal system and speed up the resolution of genuine disputes.
Key Provisions of the Electoral Bill 2025
- Shortening Petition Period:
The new law suggests reducing the period for election petitions from 180 days to 150 days, which would expedite the resolution process. It specifies that election petitions be filed 21 days after the declaration of election results, ensuring a quicker turnaround time for the judiciary. - Heavy Fines for Frivolous Petitions:
To prevent frivolous petitions, the bill proposes hefty financial penalties for lawyers and clients who challenge election results without valid legal grounds. This aims to reduce unnecessary litigation and encourage more responsible use of the court system. - Increased Time for Candidate Nominations:
The proposed law extends the deadline for submitting lists of nominated candidates from 180 days to 210 days. This change gives the Independent National Electoral Commission (INEC) more time to process the lists and ensure accurate candidate validation. - Disqualification for False Affidavits:
If the court finds that a candidate has submitted false information in their affidavit concerning constitutional eligibility, the bill mandates disqualification of both the candidate and the sponsoring political party. If the election has already been held by the time of the judgment, the law stipulates that the candidate with the second-highest valid votes who meets the constitutional requirements be declared the winner. - Penalties for Unqualified Candidates:
The bill also introduces penalties for candidates who fail to meet the constitutional requirements for candidacy, with a fine of ₦5 million for individuals who present themselves as candidates without proper qualifications. - Addressing the Adamawa Situation:
In response to the recent Adamawa election crisis, the proposed law mandates that Resident Electoral Commissioners (RECs) be directly accountable to INEC. The law gives INEC the power to discipline RECs, though the President still retains the authority to remove any REC based on a two-thirds majority recommendation from the Senate. - Digital Voter Cards and Accreditation:
The bill makes downloadable voters’ cards with a unique QR code valid for accreditation and voting. It also allows Nigerian voters to print their cards, simplifying the voter identification process. The bill legalizes the use of the Bimodal Voter Accreditation System (BVAS) or any other technological devices for voter accreditation, ensuring real-time electronic transmission of results from each polling unit to the INEC Results Viewing Portal (IREV). - Voter Card Sale and Purchase:
A key provision of the bill imposes a ₦5 million fine (up from the previous ₦500,000) for individuals caught buying or selling voters’ cards, or found in possession of voter cards not belonging to them. This provision seeks to combat voter fraud and protect the integrity of the electoral process. - Election Notice and Candidate Eligibility:
The bill retains the 360-day notice period for elections, as stipulated in the 2022 Electoral Act, which mandates INEC to announce the date for elections 360 days before they are held. Additionally, the bill seeks to disqualify political parties that present candidates who do not meet the legal qualifications for election.
Implications for Nigerian Politics
This proposed reform to the Electoral Act reflects strong efforts by the House of Representatives to streamline the electoral process and enhance the credibility of the Nigerian election system. By reducing the time for election petitions, the government seeks to prevent protracted legal battles that delay the finalization of election results and allow elected officials to begin their duties without unnecessary setbacks.
The introduction of fines for frivolous petitions, penalties for unqualified candidates, and the emphasis on digital voter accreditation reflect growing concerns over electoral integrity and the need for more transparent and efficient elections. If passed, this law will mark a significant shift in the electoral landscape, potentially improving public trust in the election process and encouraging greater accountability among political candidates and their parties.
