Pat Utomi, a political economist, has urged the National Assembly to review the Electoral Act 2026 to amend contentious provisions.
Mr Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), gave the advice at a news conference organised by the Movement for Credible Elections (MCE) in Lagos on Sunday.
He called for the immediate return of the Electoral Act 2026 to the National Assembly for a transparent and inclusive review reflecting Nigerians’ aspirations.
Mr Utomi said controversies surrounding the act must be resolved before the general elections to encourage wider participation.
He also stressed the need to gazette the Act immediately after review and assent to ensure public access.
Mr Utomi asked, “How can political parties and the electorate comply with laws that no one can categorically say they have seen in their final, official form?”
He criticised shortened timelines, noting that candidate submission deadlines had been reduced to 120 days.
Mr Utomi said the reduction of INEC’s funding lead-time from 12 months to six months would create challenges for election preparations.
He said some provisions in the act dismantled judicial safeguards that historically protected the integrity of Nigeria’s elections.
Mr Utomi said, “Section 138 now restricts election petitions to two grounds: corruption or non-compliance with the Act, and whether the winner secured a majority of lawful votes.”
He said offences such as certificate forgery, age falsification, and perjury had been removed as grounds for election petitions.
Mr Utomi added, “These offences go to the heart of a candidate’s fitness for public office but have been expunged as grounds to question elections.”
He said the provision contradicted Section 182(1)(j) of the 1999 Constitution, which disqualifies candidates who present forged certificates to the electoral commission.
Mr Utomi warned that the act should not override the constitution, describing it as the supreme law of the land.
He also criticised Section 138(3), saying it imposed heavy fines on those challenging fraudulent elections instead of strengthening penalties for electoral offenders.
Mr Utomi said lawyers filing petitions outside the listed grounds could face fines of not less than N5 million. He added that petitioners themselves could be fined not less than N10 million under the provision.
The political economist said that although the Act criminalised vote-buying under Section 22 with a N5 million fine, the penalty was insufficient.
He said, “Five million naira fine to a politician who has invested billions in vote-buying is not a deterrent; it is merely a cost of doing business.”
Mr Utomi also supported the creation of an independent Electoral Offences Commission.
He said such a body would professionalise the investigation and prosecution of electoral crimes and should be included in the legislation.
The political economist criticised provisions preventing courts from stopping party primaries or elections before they occur.
Mr Utomi said, “By the time a stolen mandate is contested in our overburdened judiciary, beneficiaries of the fraud may already have consolidated power.”
He also urged the police to ensure their personnel provide security and guarantee fair opportunities for all parties during political gatherings.
(NAN)
Discussion about this post