Electoral Act: Senate prioritizing political incumbency over democratic integrity – Afenifere

The Pan-Yoruba sociopolitical organisation, Afenifere, says the rejection of mandatory real-time electronic transmission of results by the Senate is undemocratic and self-serving.

According to the group, “this is tantamount to a betrayal of constitutionalism and multiparty democracy, as it prioritizes political incumbency over democratic integrity.”

Afenifere stated this in a statement jointly signed by its leader, Oba Oladipo Olaitan and the National Publicity Secretary, Prince Justice Faloye.

This was against the backdrop of recent controversy over the Repeal and Re-enactment of the Electoral Act 2022 Amendment Bill in which the Senate reportedly rejected the transmission of results and digital voter identification.

According to Afenifere, the decision “is obviously self-serving and a move towards one-party state, teleguided by the executive as witnessed over the years in Lagos State.”

The group observed that while the Senate insists electronic transmission is “still allowed” under existing law, the Supreme Court previously ruled that such transmission is not mandatory because it is not explicitly provided for in the Electoral Act 2022.

“By refusing to codify it as a legal requirement in the 2026 Bill, the Senate intentionally leaves the process vulnerable to administrative “glitches” or selective non-compliance, undermining the spirit of the Nigerian Constitution’s call for free and fair elections,” Afenifere said.

The group further noted that section 78 of the 1999 Constitution empowers the National Assembly to legislate for credible federal elections.

It stated that unfortunately, the Senate has subverted the mandatory transparency by rejecting an amendment to Clause 60(3) which would have legally compelled INEC to transmit results from polling units to the IReV portal in real-time.

“By rejecting mandatory electronic transmission, the Senate fails to advance constitutional imperatives for fair elections, allowing potential interference that contravenes the spirit of democratic governance and equal suffrage under Sections 117-119.

“The rejection of Clause 47, which sought to allow downloadable electronic voter cards with QR codes, forces a continued reliance on physical Permanent Voter Cards (PVCs). This decision disenfranchises voters who may lose their physical cards and ignores modern digital identification advancements, directly contradicting the goal of making elections more accessible,” it said.

Afenifere called on the Joint Committee setup to harmonize the different House of Representatives and Senate versions, “to let democracy survive by accepting mandatory real time electronic transmission of election results from polling booths to iRev.”

“Otherwise the legislature will be sending clear signals that it is not yet ready to fully embrace a credible, technology-driven electoral framework for the 2027 General Elections. Afenifere cautions that care has to be taken not to completely lose peoples trust in the current democratic disposition. Let democracy breathe,” the statement added.

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