The Senate has begun moves to amend the Electoral Act that will provide opportunities for Nigerians on essential duties to perform their franchise rights of voting early at elections.
A Bill for an Act to Amend the Electoral Act No. 13, 2022, to provide for early voting at elections, including criteria for eligibility, procedure at the elections and for other related matters, 2025 (SB. 412) was sponsored by Senator Abdulaziz Musa Yar’adua, APC, Katsina Central.
The bill scaled second reading in the Senate.
The Deputy Senate President, Senator Jibrin Barau, APC, Kano North, who presided over plenary, referred the bill to the Senate Committee on Electoral Matters for further legislative action and report back in four weeks.
In his lead debate on the general principles of the bill, Senator Yar’adua, who noted that the bill sought to enfranchise a significant group of Nigerians, said, “Who, due to the nature of their duties on election days, are denied the opportunity to exercise their most fundamental democratic right: the right to vote.”
The senator who disclosed that the bill was read for the first time on Wednesday, May 15, 2024, said that in any democratic process, equal opportunity must be given to all citizens to participate in elections regardless of their gender, ethnicity, religion, occupation or socioeconomic status.
He said, “This ensures the true reflection of the will of the people, thereby enhancing the stability of the democratic process.
“Unfortunately, a huge number of Nigerians who are involved in making Nigeria’s elections a success are excluded from the crucial decision-making of choosing their leaders through the ballot.”
The senator who noted that over one million citizens who play critical roles in ensuring the smooth conduct of the elections are disenfranchised said, “These include INEC officials, including ad hoc staff, the security personnel, journalists, observers and others who work on election day to uphold the integrity of the process are effectively denied their right to vote.
“This is because they are deployed to polling units far from where they registered.
“This is an irony that should not be lost on us, and this bill seeks to correct that by making provision for early voting for such citizens.”
Senator Yar’adua, who noted that the number of those excluded from voting could change the outcomes of election results, said, “This bill is a necessity to address the disenfranchisement of eligible voters.
“As lawmakers, it is our duty to ensure that every Nigerian citizen, regardless of their profession or duty on election day, has the opportunity to participate fully in the electoral process.
“Incorporating early voting in our electoral legal framework shall strengthen universal adult suffrage, as our Constitution guarantees every eligible Nigerian the right to vote.”
He added that the bill, when passed, will improve Nigeria’s electoral system, aligning it with international best practices.
See full details as reproduced herehunder:
LEAD DEBATE ON ELECTORAL ACT (AMENDMENT – (EARLY VOTING BILL ) 2024
Sponsor: Senator Abdulaziz Musa Yar’adua
Protocol
Mr. President, Distinguished Colleagues, permit me to lead the debate on this critical bill that seeks to enfranchise a significant group of Nigerians who, due to the nature of their duties on election days, are denied the opportunity to exercise their most fundamental democratic right; the right to vote. This very important bill seeking to introduce early voting in the Electoral Act 2022 to enhance the inclusion, participation and integrity of Nigeria’s electoral process, and for related matters, was read for the first time on Wednesday, the 15th day of May 2024.
Mr. President, Distinguished Colleagues, due to the far-reaching nature of this Bill, let me crave your indulgence to extensively highlight the background, which I believe will not only provide a proper context for this legislative initiative but also motivate this hallowed chamber to accelerate the legislative process in enacting the Bill.
Background and Rationale
In any democratic process, equal opportunity must be given to all citizens to participate in elections regardless of their gender, ethnicity, religion, occupation or socioeconomic status. This ensures the true reflection of the will of the people thereby enhancing the stability of the democratic process. Unfortunately, a huge number of Nigerians who are involved in making Nigeria’s elections a success are excluded from the crucial decision-making of choosing their leaders through the ballot. Over one million citizens who play critical roles in ensuring the smooth conduct of the elections are disenfranchised. These include INEC officials, including ad-hoc staff, the security personnel, journalists, observers and others who work on election day to uphold the integrity of the process are effectively denied their right to vote because they are deployed to polling units far from where they registered. This is an irony that should not be lost on us, and this bill seeks to correct that by making provision for early voting for such citizens.
Mr President, Distinguished Colleagues, this exclusion has characterised all elections in the Fourth Republic and became more alarming in the 2023 General Elections with over 1 million ad-hoc staff, 310,973 police personnel, 93,495 military and Department of State Service (DSS) personnel, 51,000 personnel from the National Security and Civil Defense Corps (NSCDC), 21,000 from the Federal Road Safety Corps, 11,336 from the Nigeria Correctional Service, 9,447 from the National Drugs Law Enforcement Agency and 350 personnel from the Economic and Financial Crimes Commission who were actively engaged in election activities were disenfranchised. Similarly, the Independent National Electoral Commission reported that 144,800 observers were deployed by 196 national and domestic organisations, with the implication that those citizens were also unable to vote. This is in addition to journalists and others involved in elections in various capacities. The number of those excluded from voting could change the outcomes of election results.
Mr. President, Distinguished Colleagues, the figures highlighted above makes this bill a necessity to address the ‘disenfranchisement’ of eligible voters. As lawmakers, it is our duty to ensure that every Nigerian citizen, regardless of their profession or duty on election day, has the opportunity to participate fully in the electoral process. Incorporating early voting in our electoral legal framework shall strengthen universal adult suffrage as our Constitution guarantees every eligible Nigerian the right to vote. Furthermore, this Bill strengthens democratic values as democracy thrives when participation is broad, inclusive, and representative. By preventing those on election duty from voting, we are limiting the breadth of participation and undermining the very principles of democracy.
Distinguished Colleagues, here are the highlights of the bill:
- Provision for eligibility and registration of early voters: Political parties will receive a list of registered early voters to ensure transparency.
- Eligible individuals include security personnel, electoral officials and those deemed eligible by the commission who must apply 30 days before the early voting date (Clause 44A (2)-(6)).
- Implementation and Voting Procedure.
- A designated early voting date will be set, not more than 7 days before the general election (Section 44A (1)).
- Voting centers will be established in every ward, with early votes counted on the official election day (Section 44A (10)-(17)).
Cross-Country Survey
Let me emphasise that early voting has been part of the electoral legal frameworks in other jurisdictions with its attendant huge success stories in promoting voter participation, reducing election day pressure, and increasing accessibility. In the United States, early voting varies by State, with some states allowing a few days to several weeks (up to 45 days) in advance of election day. In Australia, early voting starts about 2-3 weeks before the election, with the 2019 federal election recording 40% of voters that cast their ballots early. In Canada, early voting takes place 12 days before election day allowing voters greater flexibility. In Germany, Postal voting is initiated four to six weeks before the election, enabling voters to participate ahead of time.
Distinguished Colleagues, it is interesting to note that early voting has also gained traction in several African countries as a tool to improve electoral efficiency, increase voter turnout, and enhance inclusivity, especially for marginalized groups. In South Africa, the Independent Electoral Commission allows early voting 2 days before the general election for individuals such as the elderly, disabled, pregnant women, security forces, and those working on Election Day. Also, In Namibia, diplomats and election officials cast their votes a week before Election Day. In Ghana, early voting commences 4 days before the general election for eligible voters such as security personnel and individuals with disability. In Senegal, the Electoral Commission allows early voting few days or a week before Election Day, depending on the circumstances.
From the foregoing, countries that have adopted early voting in their electoral process tend to have higher voter turnout rate. For instance, in Ghana, 79% of voter turnout was recorded in 2020. This was also the case with voter turnout in Sierra Leone with 84% turnout in 2018, Liberia with 75% turnout in 2017 and Senegal with 66.23% turnout in 2019. In contrast, Nigeria’s voter turn out have dropped in the last 3 election cycles from 43.7% in 2015, 34.7% in 2019 to 27.1% in 2023. It is therefore necessary for Nigeria to adopt early voting to enhance voter turnout, inclusivity and electoral efficiency.
Conclusion
Mr. President, Distinguished Colleagues, this Bill seeks to improve Nigeria’s electoral system, aligning it with international best practices. By this bill, Nigeria can establish a more inclusive, efficient, and secure electoral process.
Some may express concerns about the security, logistics, or cost implications of early voting. However, the lessons learnt from countries that have implemented early voting show that these challenges can be effectively managed with proper planning. Moreover, the long-term benefits of an inclusive, flexible, and modernized voting system far outweigh the initial costs of implementing early voting. INEC has the expertise to incorporate early voting into our electoral process, and the Electoral Act provides sufficient legal mechanisms to address any challenges that may arise.
Distinguished colleagues, the introduction of early voting is not just about convenience; it is about strengthening our democracy, improving voter participation, reducing electoral violence, and making elections more efficient and transparent. By passing this bill, we will be taking a significant step toward a more inclusive and representative electoral system that better serves the interests of all Nigerians. I urge you all to support this bill as it moves through the legislative process. Let us work together to ensure that every Nigerian who wants to vote has the opportunity to do so in a way that is secure, convenient, and reflective of their democratic rights.
Thank you for your attention.
