Several Civil Society Organizations (CSOs) have criticised the Senate’s decision to allow conditional electronic transmission of election results in its amendment of the Electoral Act 2022, describing the move as insufficient to address long-standing concerns about transparency and credibility in Nigeria’s electoral process.
The Senate, during an emergency session, approved electronic transmission of election results but included a provision allowing manual transmission as a fallback where electronic transmission fails. This marked a reversal from its earlier position rejecting electronic transmission entirely.
In contrast, the House of Representatives’ version of the amendment makes real-time electronic transmission mandatory, prompting both chambers to set up a 24-member Conference Committee to harmonise their differences.
In a joint statement, several civil society groups, including the Centre for Media and Society (CEMESO), The Kukah Center, International Press Centre (IPC), ElectHER, Nigerian Women Trust Fund, TAF Africa, and Yiaga Africa, expressed concern that the Senate’s amendment still leaves room for manipulation.
The groups argued that conditional electronic transmission undermines electoral integrity and weakens safeguards introduced by the Electoral Act.
They urged the Conference Committee to adopt the House of Representatives’ provision mandating real-time electronic transmission, with clear legal authority for electronically transmitted results.
According to them, election officials should be required to electronically transmit all results in real time, including accredited voter figures, directly from polling units and collation centres to a public portal.
They said such electronically transmitted results should serve as the reference point for verifying any other results before collation.
The CSOs warned that the Senate’s “failure clause,” which allows manual transmission when electronic transmission becomes impossible, introduces ambiguity because it does not define what constitutes failure or how such situations should be verified.
They also expressed concern over the designation of Form EC8A as the primary source of results, noting that this could weaken the legal value of electronically transmitted results.
The organisations emphasised that electronic transmission is a critical reform designed to reduce manipulation between polling unit declaration and final collation.
They further called for retention of existing electoral timelines, including 360 days’ notice before elections, 180 days for submission of candidate lists, and 150 days for publication of nominations.
They also urged the National Assembly to involve civil society and technical experts in the harmonisation process.
The groups stressed that Nigerians expect transparent and credible elections and urged stakeholders to remain vigilant as the amendment process continues.
ActionAid: Amendment Does Not Address Core Problems
Country Director of ActionAid Nigeria, Dr Andrew Mamedu, said the Senate’s amendment does not fully resolve the legal and technological issues that emerged during the 2023 general elections.
He explained that during the 2023 elections, results were captured using the Bimodal Voter Accreditation System (BVAS), uploaded to the Result Viewing Portal, and transmitted to the electronic collation system.
However, disputes in court revealed that electronic transmission was not clearly recognised as the legally binding result because the Electoral Act did not explicitly mandate it.
He said this legal gap weakened the credibility of electronic transmission.
Mamedu noted that while the Senate’s amendment permits electronic transmission, it still allows physical result sheets to take precedence if electronic transmission fails.
He warned that unless the law clearly establishes the authority of electronically transmitted results, similar disputes could arise in 2027.
He said the best solution would be to make electronic capture, transmission, and collation mandatory and clearly define which result takes precedence in case of discrepancies.
He also called for stronger accountability measures, including sanctions for tampering with electronic transmission.
According to him, transparency in result collation is essential to restore public trust and prevent manipulation.
He warned that declining voter turnout, currently estimated at between 26 and 27 per cent, reflects growing public distrust in the electoral system.
Global Rights: Removal of Real-Time Requirement Weakens Reform
Executive Director of Global Rights, Abiodun Bayeiwu, acknowledged the Senate’s decision to retain electronic transmission but criticised the removal of the real-time requirement.
She said the absence of clear timelines increases discretion and creates opportunities for manipulation.
She added that if manual transmission is allowed as a backup, the law must clearly define network failure, verification procedures, documentation requirements, and public disclosure.
Kimpact Development Initiative Raises Concern Over Legal Gaps
Executive Director of Kimpact Development Initiative, Bukola Idowu, said the Senate’s amendment fails to provide the strong legal backing Nigerians demanded after the 2023 elections.
He noted that previous court rulings established that INEC guidelines do not have the force of law, making it necessary to include electronic transmission explicitly in the Electoral Act.
He warned that making electronic transmission conditional leaves room for selective implementation.
International Press Centre Calls for Stronger Safeguards
Executive Director of the International Press Centre, Lanre Arogundade, said while the Senate’s decision represents progress, it falls short of expectations.
He said making electronic transmission real-time would provide stronger protection against manipulation.
He also opposed a proposed amendment restricting review of election results to situations initiated by INEC officials, arguing that political parties and candidates should also have the right to request reviews where irregularities are suspected.
He urged lawmakers to prioritise public interest and strengthen the electoral framework to restore confidence in Nigeria’s democratic process.
Call for Decisive Action
Civil society organisations collectively urged the National Assembly to eliminate ambiguity in the law and ensure that electronic transmission and collation of election results are mandatory, transparent, and legally binding.
They warned that failure to address these issues could undermine public confidence and threaten the credibility of future elections, particularly the 2027 general elections.
CSOs Fault Senate’s Conditional Electronic Transmission of Results, Demand Stronger Legal Backing Ahead of 2027 Elections
