Newday Reporters

Electoral Act Amendment: Real-Time Result Transmission Dispute Sparks Tension Between Senate and House

What was expected to be a routine harmonisation of the Electoral Act Amendment Bill has turned into a major test of Nigeria’s democratic credibility, following sharp disagreements between the Senate and the House of Representatives over electronic transmission of election results.
Public confidence in the country’s electoral process is under renewed pressure after the Senate passed amendments that stopped short of making real-time electronic transmission of results mandatory. The development has triggered protests, public outrage and intense negotiations between both chambers of the National Assembly, especially as the 2027 general elections draw closer.
At the centre of the controversy is Clause 60(3) of the amended bill, which allows both manual and electronic transmission of election results but removes the specific requirement for real-time electronic uploads directly from polling units. Many Nigerians consider real-time transmission a critical safeguard for credible elections.
Earlier, the House of Representatives passed its version of the bill with a clear provision mandating direct, real-time electronic transmission of results from polling units to the Independent National Electoral Commission’s Result Viewing portal. Lawmakers in the House argued that such a provision would improve transparency and reduce opportunities for manipulation.
However, the Senate, while supporting electronic transmission in principle, removed the words “real-time” from the clause and adopted a more flexible approach. The Senate cited concerns about network failures and technical limitations that could affect elections in some parts of the country.
Following widespread criticism and mounting pressure, both chambers have now set up a 12-member Conference Committee each to reconcile their differences before forwarding the final version of the bill to President Bola Tinubu for assent.
Senate President Godswill Akpabio announced the Senate’s delegation during an emergency plenary session. The team is chaired by Senator Simon Bako Lalong and includes several senior lawmakers.
On the other side, the House of Representatives also appointed a 12-member team led by Rep. Adebayo Balogun, with members drawn from different political and regional blocs to ensure balance in the negotiations.
The major disagreement remains the status and priority of electronic transmission.
In December 2025, the House adopted mandatory real-time uploads as a legal requirement, a move widely supported by civil society organisations and electoral reform advocates who believe it would strengthen transparency and accountability.
But on February 4, 2026, the Senate revised the clause, allowing both manual and electronic transmission without making real-time uploads compulsory. Critics say this introduces uncertainty and could weaken safeguards against electoral malpractice.
The Senate’s decision sparked protests, including demonstrations in Abuja, while the Nigeria Labour Congress warned it could mobilise nationwide protests and even election boycotts if the final law fails to guarantee credible transmission of results.
Defending the Senate’s position, the Chairman of the Senate Committee on Media and Public Affairs, Senator Yemi Adaramodu, said lawmakers acted carefully and responsibly.
He explained that legislative decisions must be thorough and not rushed, noting that lawmakers were working to ensure the final law would not undermine public trust in the electoral system.
Civil society organisations have, however, continued to criticise the Senate’s position.
The Youth-led Electoral Reform Project Consortium said removing the mandatory real-time provision weakens transparency and creates room for manipulation.
Similarly, the Executive Director of the Civil Society Legislative Advocacy Centre, Auwal Rafsanjani, expressed concern that the amendment could weaken electoral integrity.
He said allowing both manual and electronic transmission without clear priority creates ambiguity and may open the door to manipulation.
According to him, the argument that network challenges justify removing real-time transmission is not convincing, as many communities now have access to at least one network provider.
He, however, urged citizens not to lose faith in the democratic process but to remain actively involved by voting and demanding accountability.
An official of the Independent National Electoral Commission, who spoke on condition of anonymity, said the commission would implement whatever legal framework is approved but emphasised the need for clarity in the law.
The official noted that electronic transmission improves transparency but acknowledged that operational realities such as connectivity challenges must also be considered.
The official added that unclear legal provisions often become sources of disputes and litigation after elections.
Legal experts have also warned that ambiguity in the law could create constitutional and legal challenges.
A Senior Advocate of Nigeria explained that unclear provisions on transmission of results could lead to court disputes, as the Constitution guarantees citizens the right to free and fair elections.
Another legal scholar, Nwafor Ikechukwu, said using both manual and electronic transmission is not unconstitutional, but the law must clearly state which method takes priority if there is a conflict between the two.
Civil society groups, labour unions and political analysts have warned that weakening real-time electronic transmission could reduce voter confidence ahead of the 2027 elections.
The Nigeria Labour Congress has already threatened protests if the final version of the law does not address transparency concerns.
Political observers say the Conference Committee now faces a critical task of restoring public confidence.
Experts believe a compromise is likely, where electronic transmission would be recognised as the primary method while manual transmission would be allowed only in clearly defined exceptional situations.
Such a middle-ground approach may help calm tensions, although analysts say public trust may still require significant effort to rebuild.
Observers say the outcome of the harmonisation process will play a major role in shaping Nigerians’ confidence in the electoral system ahead of the next general elections.
For many stakeholders, the issue goes beyond legal drafting and touches directly on the credibility of elections and the future of Nigeria’s democracy.
The decision of the National Assembly in the coming weeks is expected to determine whether Nigerians approach the 2027 elections with renewed trust or increased skepticism about the integrity of the electoral process.

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