Nigerian Lawmakers Divided Over Mandatory Electronic Transmission of Election Results

National Assembly Amends Electoral Act Amidst Public Outcry

Nigeria's National Assembly has recently passed amendments to the Electoral Act 2022, a move that has ignited considerable debate and disappointment among opposition lawmakers and civil society organizations. At the heart of the controversy is the decision regarding the mandatory electronic transmission of election results, a provision widely demanded by the public to ensure greater transparency and credibility in the electoral process.

The Independent National Electoral Commission (INEC) had previously advocated for electronic transmission, even initiating the request for the 2022 amendment to improve the transparency and credibility of Nigerian elections. However, the amended Act, signed into law by President Bola Tinubu, allows for electronic transmission but includes a controversial proviso for manual collation as a fallback in cases of network failure.

Divisions Within the Legislature

The debate exposed deep divisions within the National Assembly. The House of Representatives initially supported mandatory real-time electronic transmission of results from polling units to the INEC Result Viewing Portal (IReV). This version would have legally required presiding officers to upload results immediately after counting and signing forms, thereby closing the window for potential manipulation.

Conversely, the Senate initially favored a more discretionary approach, citing concerns about the country's communication and power infrastructure. While the Senate's final version explicitly recognizes electronic transmission and the IReV portal, it falls short of creating robust legal requirements by allowing manual transmission if electronic systems fail due to 'communication failure.' This provision, particularly Clause 60(3), has been a major point of contention.

Opposition Lawmakers Express Strong Disappointment

Opposition lawmakers expressed profound disappointment, with some staging a walkout during the legislative proceedings. They accused the National Assembly leadership of betraying the aspirations of Nigerians who yearned for mandatory real-time electronic transmission to build confidence in the electoral system. Senators such as Natasha Akpoti-Uduaghan, Enyinnaya Abaribe, and Aminu Tambuwal insisted that real-time electronic transmission should be retained and made compulsory.

Civil society organizations echoed these sentiments, sharply criticizing the Senate's passage of what they described as a 'retrogressive' version of the bill. They argued that the dual transmission system is 'confusing, contentious and dangerously prone to fraud, manipulation and endless litigation.' Telecommunications operators, including MTN Nigeria, Airtel Nigeria, Globacom, and T2 Mobile, also rejected claims of inadequate infrastructure, insisting that network coverage is sufficient to support electronic transmission nationwide.

Implications for Future Elections

The controversy highlights a fundamental tension in Nigeria's electoral reform efforts. While the country has invested in technology to enhance transparency, critics argue that the legal framework remains weak, potentially leaving electoral outcomes vulnerable to manipulation. The Supreme Court's ruling on the 2023 presidential elections, which stated that the Electoral Act 2022 did not contain a mandatory provision for electronic transmission, further underscored the need for clear legal stipulations.

As Nigeria prepares for the 2027 general elections, the amended Electoral Act's provisions on result transmission will be closely watched. The decision to allow a manual fallback, despite widespread calls for mandatory electronic transmission, continues to fuel concerns about the integrity and public trust in the nation's democratic processes.