Electoral act: Nigerians who lose PVCs 90 days before election won’t vote

For Nigerians interested in participating in the 2023 elections, it’s time to keep your permanent voter cards (PVCs) closer than ever. This is because under the Electoral Act 2022, persons whose PVCs are lost or damaged 90 days before an election date will not be eligible to vote in that election.

On Friday, President Muhammadu Buhari signed the electoral act amendment bill into law, having rejected the bill four times — the last being in December 2021.

The president’s approval came after protests by Nigerians and civil society organisations.

TheCable has analysed some sections of the new act here and here.

NEW AMENDMENTS ON DURATION OF VOTER REGISTRATION, CARD REPLACEMENT

In the Electoral Act 2022, INEC must stop voter registration and revision of the voters’ register 90 days before election. This is an amendment to the 2010 Electoral Act (as amended), which provided for voter registration to end 60 days before an election.

Part III, section 9 (6) of the Electoral Act 2022 states: “The registration of voters, updating and revision of the register of voters under this section shall stop not later than 90 days before any election covered by this Act.”

On card replacement, in the 2010 Electoral Act, Nigerians who lost their voter cards were allowed to apply for  new cards up to 30 days before the election.

But the new electoral act provides that Nigerians whose PVCs are lost or destroyed 90 days before an election will not get replacements.

Section 18 of the Electoral Act 2022 states: “(1) Whenever a voter’s card is lost, destroyed, defaced, torn or otherwise damaged, the owner of such card shall, not less than 90 days before polling day, apply in person to the electoral officer or any other officer duly authorised for that purpose by the Resident Electoral Commissioner, stating the circumstances of the loss, destruction, defacement or damage.

“(2) Where the electoral officer or any other officer is satisfied as to the circumstances of loss, destruction, defacement or damage of the voter’s card, he or she shall issue to the voter a replacement permanent voter’s card.

“(3) No person shall issue a replacement permanent voter’s card to any voter less than 90 days before polling day.

“(4) Where the electoral officer or any other officer is satisfied as to the circumstances of the loss, destruction, defacement or damage of the voter’s card, he or she shall issue to the voter another copy of the voter’s original voter’s card with the word “REPLACEMENT” clearly marked or printed on it, showing the date of issue.”

With the presidential and national assembly elections scheduled to hold on February 25, 2023, the new provisions imply that Nigerians whose PVCs are lost or destroyed within the next nine months will not be able to get replacement after November 27, 2022.

As such, they would not be eligible to vote in the 2023 elections as the stipulated duration for card replacement after November 27 would be less than 90 days to the poll.