In a country where electoral malpractice remains a real concern, the interest shown by the parliament in inserting early voting in the Electoral Act amendment, instead of solving festering sores plaguing the Act, is simply curious. Many insist that perfecting the use of the Biomidal Voters Accreditation System (BVAS), INEC Result Viewing (iReV) portal, and electronic transmission of results would be more beneficial to the country than any cosmetic surgery, which could even be used as a tool for pre-election rigging, NGOZI EGENUKA reports.

Recently, the Early Voting Bill for Essential Services passed the Second reading in the Senate. The bill, an attempt to Amend the Electoral Act 2022, sponsored by the Senator representing Katsina Central, Abdul Azeez Musa Yar’ Adua seeks to address the “disenfranchisement” of eligible voters who, by the nature of their jobs are constrained from exercising their civic duty of casting their ballots during general elections.
 
Presenting his lead debate, Senator Yar’adua listed those affected as INEC officials, including ad-hoc staff, security personnel, journalists, observers, and others, who work on election day to uphold the integrity of the process but are denied their right to vote because they are deployed to polling units far from where they registered.
 
According to him, over one 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 (FRSC), 11,336 from the Nigeria Correctional Service, 9,447 from the National Drugs Law Enforcement Agency (NDLEA) and 350 personnel from the Economic and Financial Crimes Commission (EFCC) who were actively engaged in election activities were disenfranchised in the last election.  He maintained that the number of people excluded from voting can change the outcome of election results.

“This bill strengthens democratic values as democracy thrives with broad, inclusive, and representative participation. By preventing those on election duty from voting, we are limiting the breadth of participation and undermining the very principles of democracy,” he added.
 
The 2022 Electoral Act was introduced to address problems of election manipulation, electoral impunity, operational inefficiencies, and weak democratic institutions plaguing Nigeria’s electoral process.
 
International Institute for Democracy and Electoral Assistance (International IDEA), in a recent report, said that the Act, which has been applauded as the most progressive electoral legislation in Nigeria’s recent history, also had several loopholes, some of which include the uncertainty regarding the stage for comparing physical copies of results and electronically transmitted results. 
 
Also, the definition of “transmitted directly” or “electronically transmitted” is vague. It is unclear if the term “transmitted directly” used in Sections 60 and 64 of the Electoral Act regarding collation of results refers to electronic transmission.
 
Although INEC has the power to review declarations/returns made involuntarily or contrary to law, the modalities and procedures for exercising this power are not prescribed in the Act or INEC guidelines, leaving a vacuum for controversies and uncertainty. 
 
A cumulative reading of the provision of Section 65(1) of the Electoral Act 2022 and Regulation 90 of INEC regulations does not indicate who can file a report, and the procedure for filing a report indicating declaration/return made under duress or contrary to law, Regulations, and Guidelines.
 
Some concerns were raised after the 2023 general elections, and the need for further amendment was canvassed. Chief among them would be the mandatory use of BVAS, which is already contained in the Act. Others include electronic transmission of results and compulsory uploading of results in real-time (iREV).
 
Unfortunately, lawmakers are focusing more on disenfranchised citizens, whose votes may not count if those fundamental issues are not addressed comprehensively. 
 
Before the last general elections, INEC’s then National Commissioner in charge of Publicity and Voter Education, Festus Okoye, while emphasising the commission’s preparedness to use the BVAS said: “Section 7 (2) of the Electoral Act 2022 makes it mandatory that 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 an intending voter in the manner prescribed by the Commission.”
 
He explicitly explained that BVAS must be used, adding that the Commission’s in-house engineers developed it to ensure that identity theft was minimised as much as possible at the polling units. However, from experience, further amendment is required to make its use compulsory.
 
According to 2021 data released by International IDEA, globally, 61.8 per cent of countries do not practice early voting, 30.4 per cent practice early voting for some voters, while 7.8 per cent practice early voting for all voters.
 
Using data from 204 countries, the report stated that 16 countries allow all voters, 62 countries for some voters, and 126 countries do not practice the system.
 
In Africa, countries like Angola allow for all voters, while Botswana, Ethiopia, Ghana, Guinea-Bissau, Lesotho, Malawi, Namibia, South Africa and Togo allow early voting for some voters.
 
There is no doubt that the early voting idea is noble and worthy of exploring, but the other identified issues, in the view of many citizens, are more paramount. 
 
Notwithstanding the recognition of those fundamental issues, some commentators agree that early voting should be adopted given its benefits. One such person is a development strategist and policy analyst, Dr Magnus Onyibe, who applauded the initiative, saying that it would reduce incidences of ballot box snatching and violence in polling units and booths as lots of potential voters would have done so before the day of voting.  He reiterated that early voting helps to ensure that one’s vote is cast and counted in case one is not unavailable on voting day.
 
“It usually leads to an increased overall turnout of voters as those who are afraid of being molested by thugs can do so instead of abstaining from voting.
Sometimes, some people have family commitments on election days, but with early voting, the challenge would be solved,” he argued.
 
Onyibe stressed that voter intimidation, which was prevalent during the 2023 elections will be eliminated as voters can stay in the comfort of their homes on election day without harassment by those who may want to intimidate them to vote for their preferred candidates.
    
For the Director of Programmes, Yiaga Africa, Cynthia Mbamalu, when passed into law, those disenfranchised during elections will benefit from the initiative. 
 
She stressed that the bill has the ability to increase voter’s turnout as the number of voters hitherto disenfranchised can actually determine the outcome of elections, adding that it would also ensure a level of legitimacy to electoral outcomes because elections would become more competitive.
 
“This category of persons can cast their vote seven days before the election. It ensures that the right to vote of every citizen is guaranteed. I think it is important that this bill is passed as a democratic right issue because the goal is to expand participation and ensure voters who work on election day have the right to vote and give a sense of inclusion to such voters. I believe that anyone who cares about democracy should care about this bill.

“The bill proposes some clear rules and guidelines on how that process would be managed. Though people have expressed fear regarding the bill, we shouldn’t let it stop us from allowing other citizens to exercise their rights, so we can begin to engage the process instead and ensure it is effective,” she reasoned.
 
Similarly, a public affairs analyst, and conflict manager, Abiodun Aladetan, agreed that the early voting, which was long overdue in the country was coming at a time when public confidence in the country’s electoral system demands urgent renewal.
 
He, however, said that the bill deserves thorough refinement to ensure that it is inclusive, practicable, and resistant to manipulation. To achieve this, he emphasised the need to examine the scope of “essential service” beyond the traditional definitions.
 
“Journalists, for example, are at the heart of every credible election. They monitor, report, and inform the public. Similarly, healthcare workers, emergency responders, and even certain INEC officials and ad hoc staff also fall into this category. A broadened interpretation of essential services within the bill will make it more democratic and reflective of Nigeria’s social and institutional reality,” he said.
 
According to him, beyond defining beneficiaries, the bill must address how early voting will be implemented. In a country where electoral malpractice remains a concern, he argued that robust mechanisms must be established to protect the integrity of early votes. 

This, he said, includes biometric verification, secure transport and storage of ballots, and transparent vote collation processes. He added that technology should play a central role, but must be adapted to our context, considering infrastructure gaps and security challenges.
 
His words: “Another area that deserves careful attention is the timeline and methodology. Should early voting occur two days before the general election, or a week prior? Will it be conducted at special polling centres in barracks, hospitals, media houses, and command centres, or must officers travel to specific early voting units? 
 
“These are the kind of logistical and policy details that the legislative drafters must work through in collaboration with INEC and relevant stakeholders.”
Aladetan explained that in enhancing the bill, lawmakers must also consider the principle of equity, warning that any process that grants early voting to one group while excluding others who face similar constraints must be justified transparently. 
 
For instance, should essential staff in the aviation and transport sectors, who ensure electoral materials and personnel move across the country, also be granted early voting rights? What about citizens in remote locations, whose access to polling units is limited by distance or insecurity; could a form of special early or mobile voting be extended to them too? These are hard questions, but if answered diligently, they could transform our electoral process from merely functional to fully inclusive,” he said.
 
He expressed concerns about manipulation, wondering whether early voting could become another tool for pre-election rigging or political influence. He added that instead of building on the fear of abuse of the process, Nigeria must strengthen the checks and balances to safeguard its implementation.
 
Aladetan suggested that an independent monitoring framework involving civil society, labour unions, professional associations, and international observers should be built into the process to restore public trust in the new system. 
 
In addition, he suggested that voter education must precede and accompany this reform so that citizens understand the purpose, process, and protection mechanisms.