TCM Calls for Urgent Amendment of 2022 Electoral Act to Strengthen Democracy

A non-political organization, The Collective Movement (TCM), has called for an urgent amendment to the 2022 Electoral Act, emphasizing the need for statutory backing of innovations introduced by the Independent National Electoral Commission (INEC).

In a statement released on Tuesday, TCM’s Founder, High Chief Franklin Ekechukwu, underscored the necessity of aligning INEC’s procedural and technological advancements with legal provisions. He pointed out that the Supreme Court, in cases such as JEGEDE v. INEC and WIKE v. PETERSIDE, had ruled that INEC is not legally mandated to transmit election results electronically.

“The courts have consistently held that the INEC Result Viewing Portal (IReV) is an innovation by INEC but does not serve as a collation system and is only for public viewing purposes,” Ekechukwu stated. “Due to the absence of statutory backing, the Supreme Court dismissed the electronic transmission of results and ruled that INEC’s regulations and guidelines alone cannot override the provisions of the Electoral Act.”

Call for Legislative Action

Ekechukwu stressed that the lack of legal validation for key electoral technologies, including the Smart Card Reader, Bimodal Voter Accreditation System (BVAS), and IReV, undermines their effectiveness in ensuring credible elections. He urged the Joint National Assembly Committees on Electoral Matters to immediately begin the process of amending the Electoral Act to integrate these innovations into law.

“By enacting these innovations into the Electoral Act, we can enhance the credibility of elections and strengthen public trust in INEC’s operations,” he added.

According to Ekechukwu, an amended law should compel polling unit officers to upload election results directly to the IReV immediately after collation, ensuring that real-time electronic results become the official results. He argued that this would eliminate manual collation, reducing opportunities for manipulation and electoral fraud at Local Government and State Collation Centres.

Judicial Reforms and Swearing-In Delays

TCM also advocated for electoral reforms that mandate the conclusion of all election-related court cases before the swearing-in of elected officials. The group believes that pending court cases after inauguration undermine democratic processes and create governance instability.

Ekechukwu reflected on Nigeria’s democratic journey, noting that the vision of a people-driven electoral system—championed by democracy activists such as Musa Yar’adua and Moshood Abiola—is being threatened by elite manipulation. “Leaders are being selected instead of elected. This practice contradicts democratic principles,” he said.

He further urged contestants, political parties, and electoral institutions to uphold the sanctity of the electoral process by shunning the “win by any means necessary” mentality.

Strengthening Democratic Institutions

Ekechukwu emphasized that for democracy to thrive in Nigeria, transparency and accountability must be institutionalized. He called on lawmakers to demonstrate their commitment to democracy by enacting laws that strengthen electoral integrity.

“The judiciary and agencies responsible for upholding democracy must operate with independence and credibility. Legislators must be willing to advance democratic principles by enacting necessary reforms,” he stated.

TCM concluded by urging the National Assembly to act swiftly in amending the 2022 Electoral Act, ensuring a transparent and legally binding electoral framework ahead of future elections.

 

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