The Independent National Electoral Commission, INEC, has yesterday renewed calls for the amendment to the Constitution to allow Nigerians in the Diaspora, as well as certain categories of citizens within the country, to participate in future elections. According to the electoral umpire, beyond expanding voting access, the mission is to also reforms and modernizes the process of voter identification.
INEC proposals were included in a comprehensive set of electoral reform recommendations it presented saying it is aimed at improving the legal structure that underpins Nigeria’s electoral system.
The document, titled “Issues and Contentions in the Electoral Legal Framework: An Overview from INEC’s Submission,” outlined key areas for legislative review and reform.
INEC is proposing that the sections of the 1999 Constitution to be amended will introduce early, special, out-of-country, Diaspora, and inmate voting.
According to the commission, this would ensure inclusivity by enabling eligible Nigerians who are outside the country, incarcerated, or engaged in essential services during elections to exercise their right to vote.
“Amend Sections 12 and 45 of the EA 2022 to provide for early/special and related forms of voting. Make provisions to enable the introduction of early/ special voting to cater for eligible voters on essential services, election personnel as well as voters under incarceration, those in the Diaspora and out-of-country voting for eligible voting Nigerians outside the country during elections by introducing a new subsection 12 (2) as well as the amendment of Section 45,” INEC stated.
More so, INEC is also suggesting a modernization of the voter identification process by allowing electronically downloadable voter cards or alternative forms of ID approved by the commission.
The report added, “Review Sections 47 (1) and 16 (1, 2 & 4) on the design, printing, control, issuance and use of PVCs to allow for the introduction of electronically downloadable voters’ card of any other form of ID acceptable to the commission,” the report noted.
As part of the holistic reform, INEC also recommended the establishment of two new institutions; an Electoral Offences Commission to investigate and prosecute electoral crimes, and a Political Party Regulatory Agency to oversee internal party operations and ensure compliance with legal standards.
“Review the Legal Framework to establish (a) an Electoral Offences Commission and (b) Political Party Regulatory Agency.
The report continued, “This would require the amendment of Sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90(4), 144 and 145 of EA 2022. These provisions border on the powers of the Commission to register/deregister, monitor and regulate political parties be now transferred to the Political Party Regulatory Agency”.
Further recommendations by the electoral umpire include giving INEC the authority to appoint and discipline Heads of State and FCT Offices, who serve as State Directors of Elections.
The commission argued that given INEC free hand would strengthen administrative control and improve election management across all tiers.
INEC emphasized that these reforms are based on extensive operational experience, observer recommendations, judicial rulings, and stakeholder consultations.
While the 2022 Electoral Act introduced significant improvements, INEC maintained that additional legal clarity and structural changes are fundamental for the continued growth of Nigeria’s democratic system.
According to the commission, the proposed amendments have already been reviewed by a Joint Technical Committee of the National Assembly and INEC. Legislative action is expected in the near future.
INEC concluded that reforming the electoral framework is not only about addressing immediate challenges but ensuring the long-term credibility, inclusiveness, and effectiveness of Nigeria’s elections.
“Electoral legal framework reforms are essential to promote transparency, accountability, efficiency and effectiveness in the electoral process, INEC concluded.
“It can help to streamline the electoral process, enhance electoral justice, clarify vague provisions, remove ambiguities and dispense with encumbrances.
“Such reforms should focus on an in-depth, long-term assessment of the impact of the provisions beyond the immediate problems they are designed to cure.”
