Lecture on Electoral Act 2022 by Sir (Barr.) Emeka Ichoku at the Peace Budu Global Education Foundation (PBGEF)

 Lecture on Electoral Act 2022 by Sir (Barr.) Emeka Ichoku at the Peace Budu Global Education Foundation (PBGEF) Rivers State 2023 Electoral Lecture for Sir Siminalayi Fubara, KSC, JP and Prof. Ngozi Odu.

ELECTORAL ACT 2022: WHAT MAKES YOUR VOTE TO COUNT AND THE NEED TO SHUN ELECTORAL VIOLENCE.

INTRODUCTION:

This is an enlightenment or Sensitisation programme organized by PBGEF, a non governmental organization based in Rivers State with the objective or mission advancing academic greatness in Rivers State.

This is not a political campaign but an enlightenment programme organized in line with Independent National Electoral Commission (INEC) appeal or directive to organisation such as PBGEF to assist in sensitising the Nigerian populace on the provisions of the new Electoral Act 2022, signed into law by His Excellency President Mohammadu Buhari in February, 2022. Please if you have registered for your PVC, do not hesitate to go and Collect it.

NEED FOR THE ENLIGHTENMENT.

It is a matter of common knowledge that most Nigerians do not have confidence in the country's electoral process, thus since 1999 to date majority of Nigerians do not participate in elections. The reason for this apathy is the believe that in Nigeria votes do not count due to inadequate statutory provisions to guide the electoral process.

This programme is aimed at informing Nigerians of the new Electoral Act 2022, which has key provisions and innovations that will make your votes to count in future elections and to also ensure a violent free election.

WHAT MAKES YOUR VOTE TO COUNT?

Under the new Electoral Act 2022, it is now practically impossible for you to be able to vote or for your vote to count if you do not have a voter's card. This is because by virtue of the provisions of section 47, 50 (2), 51, 62 (2) and 65 all of the Electoral Act 2022, there is now legal backing for INEC to ensure that all votes count. Thus,

S.47 (1). A person intending to vote in an election shall present himself with his voter's card to a presiding officer for accreditation at the polling unit in the constituency in which his name is registered.

2. To vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.

3. Where a smart card reader or any other technological device deployed for accreditation of voters fails to function in any unit and a fresh card reader or technological device is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours if the Commission is satisfied that the result of the election in that polling unit will substantially affect the final result of the whole election and declaration of a winner in the constituency concerned.

* Use of Biomordal Verification Accreditation System (BVAS) this has replaced the smart card reader.

* Electronic accreditation of voters to be done with BVAS.

a. This means that before anyone with a PVC is allowed to cast his vote, the person must be electorically accredited with the help of the BVAS Machine. If the person is not accredited, he will not be allowed to vote.

b. The BVAS accreditation is usually done through thumbprint and facial expression. It means, once a voter's thumb is placed on the machine, the person's information on the INEC portal will pop up. If the thumbprint doesn't work, the BVAS Machine will be placed across the person's face to capture his image, once it is captured by the machine, the person's information will pop up and such voter will be accredited to vote.

c. The advantage of the BVAS is that it reduces rigging and electoral malpractices considerably. Now, a voter must be verified that he is the owner of the card before he will be accredited to vote. It is now one man, one vote. The uniqueness and importance of thumb print.

d. This BVAS Machine has been used in different Bye and State Elections i.e Delta State, Anambra State Gubernatorial Election, FCT Council Election in February 2022 and the recent concluded Ekiti and Osun State Gubernatorial Elections.

* Electronic transmission of number of accredited voters and results in each voting units.

* INEC to maintain a centralised electronic register for e- collation.

* For a Presiding Officer in a polling unit to cancel the result of an election in the unit where the number of votes cast at the election exceeds the number of accredited voters.

* INEC to review within 7 days result declared under duress.

* The voter's card from 2010/2011 does not expire. It is permanent.

Registration as a voter also help Government in it's planning and sighting of projects.

NEED TO SHUN ELECTORAL VIOLENCE AND MALPRACTICE.

Government is like a moving train, you do not stop a moving train by standing in front of it, rather you enter the train, pull the stop chain.

Under the new Electoral Act 2022 part 7 thereof enumerates various electoral offences and other malpractices which are not only condemned, but adequate provisions are also made therein to punish offenders. These offences and there punishment are categorised in the Electoral Act 2022 as follows:

S-114 Offences in Relation to Registration.

This includes obstruction of registration, destruction of registration materials multiple registration in more than one center, deceiving or prevent others from registering etc.

S.115(1)  Offences in Respect of Nomination. This includes the destruction or forgery of nomination papers, signing of the nomination form as a candidate in more than one constituency at the same election, willful removal of a ball of paper or result from a polling station etc. Two years imprisonment no option of fine.

5.115(2)  Printing of ballot paper without authority or if authorized to prints, prints more than the quantity authorized. Found with a ballot paper or result form when not in the process of voting. Etc. #50million or 10 years or both. Offences in respect of disorderly behavior at political meeting.

5.116  This including being in possession of an offensive weapon at the meeting. N500,000 or 12 months or both. Offences in relation to improper use of voter's cards, this includes giving your voters card to another person to use, or you have more than one voters card or you are cut buying a voters card.

S.117  N1, million or 12 months or both. Offences in relation to improper use of vehicles

S.118  This includes using of government or public corporation vehicle to registration or polling unit. N500,000 or 5 month or both.

S.119  Offences in relation to impersonation and voting when not qualified.

S.120  Offences in relation to dereliction of duty by INEC Official or any other person authorized to as an officer at the election.

41 5.121 BRIBREY AND CONSPIRACY.

If found guilty of any of these offences, the offender is liable to pay a fine of maximum sum of N1million or go to prison for 12 months or both.

5.54 (1)  Makes provision for voters with visual impairment or other forms of disability such as being unable to see or distinguish symbols or who suffers from any other physical disability to be accompanied into the polling unit by another person chosen by him.

(2) The commission shall take reasonable steps to ensure that persons with disabilities, special needs and vulnerable persons are made to vote.

CONCLUSION.

From the above it is now clear that in 2023, votes will definitively count in all the elections starting from state House of Assembly to the Presidential elections. It is also clear that it is no longer fashionable or necessary for people to engage on electoral violence or malpractices during election as same will not yield any gainful result.

It is therefore the humble appeal of the PBGEF that all registered voters should go out and vote and ensure that we have a violent free election.

Thanks and God bless.