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Senate on Thursday resolved that fresh primary election should be conducted if governorship or Presidential candidate dies before the announcement of election result.

Photo shows former governor of Kogi state, Audu Abubakar who died before the result was announced in last state gubernatorial election

The provision stipulates that the affected political party ‎will conduct a fresh direct primary within 14 days.

According to the provision passed by Senate in the amendment of electoral act Section (3) if after the commencement of the poll and before the announcement of the final result and declaration of a winner, a nominated dies,

"(a) The Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days

"(b) The political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate

"(C) Subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and declare a winner."

The amendment will‎ address the Constitutional crisis that happened when former governor of Kogi state, Audu Abubakar died before the announcement of election result by Independent National Electoral Commission (INEC).

The Senate is yet to conclude the consideration of the INEC amendment act.

THE INEC AMENDMENT ACT:

"Accreditation of voters,  transmission of accreditation data,  issuance of ballot papers to voters, 

(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) The Presiding Officer shall use a Smart Card Reader or any other technological device that may be prescribed by the Commission from time to time for the accreditation of voters, to verify, confirm or authenticate 

(a) the genuineness or otherwise of the voter's card; 

(b) that the voter’s card presented by the voter is registered at the polling unit in the constituency in which the card is presented; 

(c) the biometric connection or otherwise of the intending voter with the voter’s card; and 

(d) the number of duly accredited voters in the polling unit. 

(3) An intending voter shall not be accredited to vote in an election if the voter’s card presented by him to the Presiding Officer is not 

(a) a genuine voter’s card issued by the Commission to the intending voter; 

(b) registered at the polling unit in the constituency in which the card is presented, and 

(c) biometrically connected to the intending voter. 

(4) Notwithstanding paragraph (3) (c) of this section, the Presiding Officer on being satisfied that an intending voter is the owner of the voter’s card, may accredit the intending voter to vote in the election: 

PROVIDED that where the number of voters accredited under this subsection exceeds ten percent (100/0) of the total number of registered voters in the polling unit, the Commission shall suspend the election in that unit and comply with subsection (3) (c) of this section at a later date, if the result of the election at that polling unit may affect the overall result in the Constituency. 

(5) The Commission shall continue the conduct of an election suspended under subsection (4) of this section within 7 days of the suspension if the result of the election at that polling unit may affect the overall result in the Constituency: 

PROVIDED that the Commission shall comply with subsection (3 ) (c) of this section. 

(6) Subject to subsections (1 ), (2), ( 3) and (4 ) of this section, the Presiding Officer shall, upon confirming that the intending voter’s name is on the Register of Voters, issue him with a ballot paper and record by ticking on the Register of Voters that the intending voter, having been accredited, received a ballot paper to vote in the particular election. 

(7) The number of intending voters whose names are ticked for accreditation on the Register of Voters under subsection (6) of this section shall not be inconsistent with the number of intending voters accredited under subsections (3) and (4) of this section. 

(8) At the end of accreditation of voters, the Presiding Officer shall instantly transmit the total number of intending voters accredited to vote with all other voter accreditation data captured under subsection ( 3) and ( 4 ) of this section by secured mobile electronic communication to the: 

(a) collation center at each level of collation of results to which the polling unit belongs in the constituency where the election is held; and 

(b) central database of the Commission kept at the National Headquarter of the Commission: 

PROVIDED that the Presiding Officer shall first record the total number of intending voters accredited to vote, with other relevant voter accreditation data from the polling unit, in forms or electoral documents as shall be prescribed by the Commission for this purpose from time to time. 

(9) In respect of data of accreditation of voters, including polling unit results, for a particular election, the Commission shall not shut down its central database kept at its National Headquarter, until all election petitions and appeals pertaining to that election are heard and determined by the Tribunal or Court, as the case may be. 

(10) Notwithstanding any provision to the contrary in this Act, a report issued by the Commission and certified by a designated official in the National Headquarter of the Commission showing the number of voters accredited under subsections (3) and (4) of this section shall be the conclusive record of accreditation of voters in an election. 

(11) The result of an election in a polling unit shall be declared invalid, null and void either by the Commission or Tribunal or Court, as the case may be, if, 

(a) in the case of the Commission, there is no record of accreditation directly from the Smart Card Reader or any technological device used by the Commission in that polling unit for accreditation of voters, or 

(b) in the case of the Tribunal or Court, there is no certified report of accreditation issued by the Commission under subsection (11) of this section. 

(12) A Presiding Officer who wilfully and knowingly contravenes any provision of this section that applies to him shall be guilty of an offence and shall be liable, on conviction, to imprisonment for at least 5 years, without an option of fine.” 

"(3) If after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, 

(a ) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days; 

(b) the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate; and 

(c) subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and declare a winner.” 

"Accreditation of voters,  transmission of accreditation data,  issuance of ballot papers to voters, 

(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) The Presiding Officer shall use a Smart Card Reader or any other technological device that may be prescribed by the Commission from time to time for the accreditation of voters, to verify, confirm or authenticate 

(a) the genuineness or otherwise of the voter's card; 

(b) that the voter’s card presented by the voter is registered at the polling unit in the constituency in which the card is presented; 

(c) the biometric connection or otherwise of the intending voter with the voter’s card; and 

(d) the number of duly accredited voters in the polling unit. 

(3) An intending voter shall not be accredited to vote in an election if the voter’s card presented by him to the Presiding Officer is not 

(a) a genuine voter’s card issued by the Commission to the intending voter; 

(b) registered at the polling unit in the constituency in which the card is presented, and 

(c) biometrically connected to the intending voter. 

(4) Notwithstanding paragraph (3) (c) of this section, the Presiding Officer on being satisfied that an intending voter is the owner of the voter’s card, may accredit the intending voter to vote in the election: 

PROVIDED that where the number of voters accredited under this subsection exceeds ten percent (100/0) of the total number of registered voters in the polling unit, the Commission shall suspend the election in that unit and comply with subsection (3) (c) of this section at a later date, if the result of the election at that polling unit may affect the overall result in the Constituency. 

(5) The Commission shall continue the conduct of an election suspended under subsection (4) of this section within 7 days of the suspension if the result of the election at that polling unit may affect the overall result in the Constituency: 

PROVIDED that the Commission shall comply with subsection (3 ) (c) of this section. 

(6) Subject to subsections (1 ), (2), ( 3) and (4 ) of this section, the Presiding Officer shall, upon confirming that the intending voter’s name is on the Register of Voters, issue him with a ballot paper and record by ticking on the Register of Voters that the intending voter, having been accredited, received a ballot paper to vote in the particular election. 

(7) The number of intending voters whose names are ticked for accreditation on the Register of Voters under subsection (6) of this section shall not be inconsistent with the number of intending voters accredited under subsections (3) and (4) of this section. 

(8) At the end of accreditation of voters, the Presiding Officer shall instantly transmit the total number of intending voters accredited to vote with all other voter accreditation data captured under subsection ( 3) and ( 4 ) of this section by secured mobile electronic communication to the: 

(a) collation center at each level of collation of results to which the polling unit belongs in the constituency where the election is held; and 

(b) central database of the Commission kept at the National Headquarter of the Commission: 

PROVIDED that the Presiding Officer shall first record the total number of intending voters accredited to vote, with other relevant voter accreditation data from the polling unit, in forms or electoral documents as shall be prescribed by the Commission for this purpose from time to time. 

(9) In respect of data of accreditation of voters, including polling unit results, for a particular election, the Commission shall not shut down its central database kept at its National Headquarter, until all election petitions and appeals pertaining to that election are heard and determined by the Tribunal or Court, as the case may be. 

(10) Notwithstanding any provision to the contrary in this Act, a report issued by the Commission and certified by a designated official in the National Headquarter of the Commission showing the number of voters accredited under subsections (3) and (4) of this section shall be the conclusive record of accreditation of voters in an election. 

(11) The result of an election in a polling unit shall be declared invalid, null and void either by the Commission or Tribunal or Court, as the case may be, if, 

(a) in the case of the Commission, there is no record of accreditation directly from the Smart Card Reader or any technological device used by the Commission in that polling unit for accreditation of voters, or 

(b) in the case of the Tribunal or Court, there is no certified report of accreditation issued by the Commission under subsection (11) of this section. 

(12) A Presiding Officer who willfully and knowingly contravenes any provision of this section that applies to him shall be guilty of an offence and shall be liable, on conviction, to imprisonment for at least 5 years, without an option of fine.”

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