By Eteteonline
The 2022 Electoral Act modification is significant because it closes gaps that were discovered during the general elections of 2023 and makes future elections in Nigeria more credible, predictable, and orderly. It addresses weaknesses exposed in 2023.
Although the 2022 Electoral Act was a significant advance, it was put to the test in actual elections. Delays or unsuccessful BVAS uploads, uncertainty about the legal status of electronic transmission, inconsistent judicial interpretation, and lax penalties for violators are some of the issues that have emerged.
Amending the Act helps seal these loopholes so politicians and institutions cannot take advantage of grey areas again.
The question of whether INEC had to send results electronically in real time was one of the main points of contention in 2023.
An amendment can lessen post-election litigation, eliminate the ambiguity courts face, and establish clear guidelines, fewer court cases, and greater trust. It can also specify when, how, and where results must be posted.
The modifications can legally support INEC’s use of technology, such as the BVAS, without creating discretionary loopholes. They can also require redundancy measures, such as offline upload windows and backups, and safeguard results against manipulation following accreditation.
Updating the legislation can improve the rights of observers, make result tampering more difficult, and mandate real-time public access to results portals.
Tension and violence decrease, as does post-election violence and instability, when citizens are able to independently check the results. Many election-related crises emerge from delayed results, opaque collation, and suspicion of manipulation.
Reducing human meddling, reducing flashpoints for violence, and expediting the time it takes to declare results are all made possible by a more transparent Electoral Act.
The legislation will strengthen penalty for electoral violations. Most of the time, those who engage in intimidation, vote buying, and result falsification escape punishment.
The Amendments have the potential to enhance the proposed Electoral Offenses Commission, increase fines, and establish more transparent enforcement procedures. This is vital because without sanctions, bad behaviour and electoral malfeasance would continue.
The Act can be updated to standardize court interpretation, minimize conflicting decisions, specify evidentiary requirements precisely, and lessen confusion following elections. The goal of amending the Act is to strengthen Nigeria’s democracy going forward, not to benefit any particular party.
In basic terms, the 2022 Electoral Act constituted a strong foundation — but not a finished building. Amending it helps Nigeria close hazardous gaps, protect votes better, reduce judicial disputes, and promote democracy.
Politicians, civil society organizations, INEC, and legal professionals are currently putting a lot of pressure on it because of this.
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