December 22, (THEWILL) — In July 2021 both Chambers of the National Assembly, feeling uneasy about the adoption of electronic transmission of results in real time, produced different versions of the amended Electoral Act.
While the House approved a version granting the Independent National Electoral Commission, INEC, the “discretion to determine the best mode to transmit election results, effectively allowing for electronic transmission where and when practicable,” the Senate, passed a more restrictive version of the bill. Its amendment “specified that INEC could only consider electronic transmission of results provided that the national network coverage was deemed “adequate and secure” by the Nigerian Communications Commission (NCC) and approved by the National Assembly.”
What followed surprised the senior lawmakers in Abuja. Civil society groups, the media and the academia kicked a storm and demanded a mandatory, unhindered electronic transmission of results. Taking the public reaction in its stride, the National Assembly set up a joint conference committee to harmonise the bill. In October 2021, the Senate dropped its earlier position and adopted the House of Representatives’ version, which authorised INEC to determine the procedure for electronic transmission, leading to the eventual passage of the Electoral Act 2022.
Is history about to repeat itself in 2025?
At last week’s Thursday sitting, the House again took a significant strop in approving a clause that requires presiding officers at polling units to use BVAS or any other technological device prescribed by INEC to verify and authenticate voters’ details.
The amendments were contained in a report presented by the House Committee on Electoral Matters, chaired by Hon. Adebayo Balogun. The decision followed the commencement of clause-by-clause consideration of the Electoral Bill, during which lawmakers unanimously adopted an amendment to Clause 73(3),
The provision further states that where the accreditation technology fails and a replacement device is not deployed, voting at the affected polling unit must be cancelled.
Under the amendment, INEC will be required to conduct a fresh election within 24 hours in such circumstances, provided the commission determines that the failure would substantially affect the final outcome of the election in the constituency concerned.
The House also approved a provision making electronic transmission of election results compulsory. The amendment mandates presiding officers to electronically transmit results from each polling unit to INEC’s Result Viewing Portal (IReV) immediately after the conclusion of voting and counting.
The clause specifically provides that the presiding officer “shall electronically transmit the results from each polling unit to the IReV portal in real time, and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the presiding officer and, where available, countersigned by candidates or polling unit agents.”
To further strengthen transparency, lawmakers amended “Section 60(3) of the Act to compel INEC to transmit polling unit results to the IReV portal in real time alongside the physical collation of results. The amendment introduces stiffer penalties for electoral officers who deliberately violate procedures relating to the counting, announcement or transmission of results.
Under the revised provision, any presiding officer found guilty of such offences faces a minimum fine of ₦500,000, a jail term of at least six months, or both.”
Specifically, under the clause, presiding officer “shall electronically transmit the results from each polling unit to the IReV portal in real time, and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the presiding officer and, where available, countersigned by candidates or polling unit agents.”
The lawmakers also amended Section 60(3) of the Act to compel INEC to transmit polling unit results to the IReV portal in real time alongside the physical collation of results. The amendment introduces stiffer penalties for electoral officers who deliberately violate procedures relating to the counting, announcement or transmission of results.
In a bid to curb manipulation and promote inclusiveness, Clauses 18 and 22 relating to voter registration and the compilation, maintenance and public display of the voters’ register were amended.
Significant changes were made to Clauses 23 and 29, which deal with political party nominations and the submission of candidate lists to INEC. The amendments seek to clarify timelines, strengthen compliance and enhance INEC’s oversight of political parties.
Further provisions approved include Clauses 31, 32 and 34, addressing party primaries, publication of candidates’ particulars and qualifications for elective offices, as part of efforts to prevent pre-election irregularities.
The House also approved Clauses 47, 50 and 54, which relate to voting procedures, voter accreditation and the use of technology in elections, reaffirming legal backing for INEC’s deployment of electronic systems. approved stiffer penalties for electoral officers who compromise the integrity of elections, including a 10-year jail term for any presiding or collation officer who, without lawful justification, fails to stamp and sign a result sheet announced by them
Reviewing the earlier attempt, a foremost non-profit civic organisation devoted to the promotion of democratic governance, human rights and civic engagement, YIAGA Africa, stated that electronic transfer of results in real time not only promote transparency but also restore confidence of voters in the electoral process.
It said that the consideration for the amendment of the Electoral Act to empower INEC to transmit results electronically must place a premium on the value of the proposed amendment in promoting transparency in elections in Nigeria. In addition, the magnitude of citizens’ expectations of a new Electoral Act that empowers INEC to effectively deploy technology is also a crucial consideration towards building citizens’ trust and confidence in the country’s election.
“Electronic transmission or transfer of results remains a significant proposal in the Electoral Act amendment in the current electoral reforms process in Nigeria. The credibility of an election’s outcome is determined by the culmination of interconnected processes of voting, counting of votes and collation of results.” It said, adding that, “in the eco-system of election administration on election day, the voting process and the results collation process are significantly the most important in determining the outcome of the election. Accordingly, guaranteeing that votes count requires a credible voting process that ensures that only duly accredited voters vote, that there is strict compliance with the electoral law and guidelines and that the votes counted are truly the votes collated.”
Now that the House has taken the lead, all eyes are on the Senate to join the bandwagon and support the reform that would give the Nigerian voter a sense of belonging, trust in the electoral process and ultimate power to determine electoral outcomes and ensure good governance.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
