Senate’s e-transmission approval raises new questions

The decision of the Senate on the amended Clause 60(3) permitting both electronic and manual transmission of results has raised fresh questions.

The Senate on Tuesday rescinded its earlier decision rejecting electronic transmission of election results from polling units to the Independent National Electoral Commission Results Viewing Portal (IReV).

The upper chamber okayed the electronic transmission of election results to IReV, but with a caveat.

Clause 60(3) was amended to mandate electronic transmission of results from polling units to IReV after EC8A forms might have been signed and stamped.

The amendment specified the signing by the presiding officer and available party agents at polling units before the electronic transmission.

However, it provided that where electronic transmission failed due to communication issues, the EC8A form signed or countersigned shall remain primary.

The amendment further stated that in such cases, the signed EC8A shall serve as the basis for collation and declaration of election results.

With this amendment, the provision for ‘real-time upload of results’ has been removed.

Some civil society groups and opposition parties, who spoke yesterday viewed the Senate’ decision as double standard, alleging that it would create more confusion.

The amended clause 60(3) reads: “that results shall be transmitted electronically from each polling unit to IReV.

“And such transmission shall be done after the prescribed EC8A has been signed and stamped by the presiding officer and party agents who are available at the polling unit.

“Provided that if the electronic transmission of the result fails as a result of communication failure, the result contained in form EC8A signed by the presiding officer and/or countersigned by the polling agents shall, in such a case, be the primary source of collation and declaration of results.”

This differs from the House of Representatives version which states 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 have been signed and stamped by the Presiding Officer and/or counter-signed by the candidates or polling unit agents where available at the polling unit.”

The House version of Section 60(3) states 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 have been signed and stamped by the Presiding Officer and/or counter-signed by the candidates or polling unit agents where available at the polling unit.”

The Senate resolutions followed its consideration and approval of a motion moved by the Chief Whip of the Senate, Senator Mohammed Monguno (APC, Borno North) during its emergency plenary session in Abuja. The Minority Leader, Abba Moro, seconded the motion.

Monguno sought the Senate approval to rescind his earlier motion adopted during the February 4 sitting.

Moving the motion, Monguno recalled the passage of the Electoral Act Repeal and Enactment Bill by the Senate last Wednesday.

“Note that upon careful examination of the bill, fresh issues have emerged in respect of clause 60(3), requiring further legislative consideration for smooth, transparent elections.

“Relying on the provisions of Orders 1(b) and 52(6) of the Senate Standing Orders, 2023, as amended, I hereby move accordingly.

“That I resolve to rescind my earlier motion on Clause 60(3) of the Electoral Act Bill, as previously passed by the Senate to replace ‘transfer’ with ‘transmit’.

“I also move that clause 60(3) be recommitted to the committee of the whole for further reconsideration and passage.

“The reason behind this amendment is that I was the one who moved the motion for the retention of the existing act.

“The controversy that it has generated has led me to rescind the decision,” Monguno stated.

Mixed results transmission faulty – Atiku

Former Vice President Atiku Abubakar said electronic and manual transmission of election results could compromise the integrity of elections and create unnecessary confusion in the collation of results.

He spoke in an interview with newsmen shortly after a visit to retired General Ibrahim Babangida, former Military President, in Minna on Tuesday.

“Nigeria expected real-time electronic transfer for various levels of the election, but what we got is a mixture of electronic and manual transmission, which is going to cause more confusion or chaos,” he said.

Atiku said real-time electronic transmission of results remained the best option for credible elections in the country.

He called on opposition political parties to unite and collectively pursue electoral reforms, particularly on the issue of electronic transmission of results.

“We should not allow it to rest where some people want it to rest. I do not support that,” he said.

Yesterday, a former Minister of Transportation, Rotimi Amaechi and his son, were at the National Assembly to protest against the Senate’s earlier rejection of real-time transmission of election results.

He alleged that the All Progressives Congress (APC) was opposed to electronic transmission of election results because it feared losing elections.

He said: “There are those who say we, the politicians, want protest but our children are overseas. But here is my first son. He is a medical doctor; I brought him here and his job is that if there is injury, he should treat people.

“I believe that the opposition parties should come out — PDP, ADC, everybody should be out — to protest against the attempt of one party.

“If we come out, and they say the opposition has hijacked the protest, what is APC doing? Are they not hijacking? What are they afraid of?”

ADC, PDP insist on real-time results e-transmission

The African Democratic Congress (ADC) yesterday asked the Senate to remove any controversial provision which introduces discretionary clauses capable of weakening the guarantee of real time electronic transmission of election results.

It insisted on real time mandatory transmission of results, saying any other clauses would open the door to “the intentional manipulation of election results.”

Bolaji Abdullahi, National Publicity Secretary of the ADC, in a statement, said the clarification and follow up to their earlier statement on the Electoral Amendment Bill passed by the 10th Senate became necessary after a full understanding of what was passed by the Senate on Tuesday.

The coalition party said their initial reaction was based on early reports which indicated that the Senate had passed a version of the Electoral Amendment Bill that “guarantees the real time transmission of election results, a long standing safeguard necessary to protect the votes of Nigerians and preserve electoral integrity.”

The party, however, said subsequent and more detailed reports have since revealed that the bill, as passed, contains a “controversial provision which introduces discretionary clauses capable of weakening the guarantee of real time electronic transmission and opening the door to the intentional manipulation of election results.”

He said in light of the prevailing facts now on record, the ADC wishes to clarify its position that “Any provision in our electoral laws that creates ambiguity, discretion, or technical loopholes around the transmission and collation of election results fundamentally undermines the integrity of the electoral process and cannot be accepted in good conscience.

“The credibility of elections rests not on assurances but on clear, unambiguous legal guarantees that protect the will of the people.

“The ADC, therefore, maintains that only an Electoral Amendment Act that unequivocally mandates real time electronic transmission of results, without exceptions capable of abuse, can command public confidence and strengthen Nigeria’s democracy.

“We urge the National Assembly to immediately address and remove any provision that dilutes this safeguard and to align the final version of the bill with the recommendations of the Conference Committee that called for e-transmission of results.”

Similarly, the Peoples Democratic Party (PDP) in a statement by its spokesman, Ini Ememobong, urged Nigerians to insist on mandatory transmission and not with the addendum passed by the Senate.

The PDP alleged: “This addendum is nothing more than a backdoor attempt to achieve the same objective as the earlier outright rejection, while pretending to align with the wishes of the Nigerian people…Furthermore, it is inconceivable that the same BVAS technology which successfully undertakes accreditation throughout an election would suddenly become unreliable for the transmission of results and accreditation data arising from that same exercise.

“This caveat is a clear indication of the humongous fear being harboured by senators opposed to electronic transmission,” he said.

The party asked Nigerians to remain “resolute in their demand for the real-time electronic transmission of election results. This is no time for excuses. This hard-won democracy is far too valuable to be left in the hands of politicians alone.”

CSOs divided

Executive Director, Community Outreach for Development and Welfare Advocacy (CODWA), Taiwo Otitolaye, described the Senate’s action as a “double standard,” noting that concerns around network reliability in Nigeria remain unresolved.

“Nigerians rejected the first resolution and made their displeasure known before the Senate reversed the decision. Nigeria is not operating in isolation, the world has moved on, so it is a welcome development.

“There is no perfect situation anywhere. What CSOs must continue to do is to enlighten the masses on how to protect their votes and guard against manipulation.

“Politicians may always try to manipulate the process, but citizens can mobilise to checkmate them. They can only rig where they are popular,” he said.

Global Director, Brain Builders Youth Development Initiative, Olasupo Abideen, said the electronic transmission of results represents only one aspect of the broader reform agenda being demanded by civil society groups.

He said advocacy and protests might continue until the National Assembly fully addresses the concerns raised.

“E -transmission is just one of our demands. We will continue to engage until the Senate listens completely,” he said.

He said the Senate’s action “demonstrated that sovereignty ultimately resides with the people.”

Director, Media Advocacy and Technologies Centre (MATEK), Musa Aliyu, described the Senate’s latest position as a positive step for Nigeria’s democracy.

He said it underscored the importance of accountability and responsiveness in democratic governance, particularly when public opinion runs contrary to the position of elected officials.

“The U-turn on transmission of election results by the Nigerian Senate is a welcome development. It shows that for democracy to thrive, elected officials must be held accountable and must be responsive, especially when public opinions do not favour them.

“This shows that citizens must learn how to demand the best from those they put in office. Grievances of this nature must be addressed early before they degenerate out of control,” he said.

Blind reliance on technology risky—Prof. Ojo

Prof. Gbade Ojo, a political scientist at the University of Ilorin, described the Senate’s decision to amend the Electoral Act to accommodate electronic transmission of results as a commendable step, warning that public expectations must be tempered by Nigeria’s technological realities.

He cautioned against blind reliance on technology, citing alleged foreign interference in United States elections and recent glitches experienced in Nigeria’s examination and banking systems.

“This electronic transmission Nigerians are enamoured with was done in America, and there were allegations of foreign interference. Even JAMB experienced glitches, and we all saw what happened in the banking sector where transfers hang for days. You cannot afford that kind of uncertainty in national elections,” he warned.

He said Nigeria’s persistent electricity failures, poor internet penetration and repeated national grid collapses pose serious risks to exclusive dependence on electronic transmission.

“You are forcing INEC to transmit results electronically when there is no electricity in many local government areas. That can lead to instability if election results cannot be declared promptly,” he said.

Head, Department of Political Science, University of Ilorin, Dr Edun Abdulkareem, said the Senate’s action “is a good step, but we have not achieved anything yet.”

He said: “We are putting the cart before the horse. Without stable electricity and networks, there is no way e-transmission can work. Nigeria has not gotten there yet.”

Abdulkareem maintained that the amendment still leaves the discretion of transmission methods entirely in the hands of INEC, just as it did before.

“What they said earlier was that INEC should determine the method of transmission. It is still the same thing. Nothing has changed.

“Where there is no electricity and no stable network, INEC will simply say electronic transmission was not possible, and if you take them to court, they will win,” he said.

Abdulkareem cautioned Nigerians against being misled into believing that the amendment guarantees transparency.

Senate adopts all clauses

Meanwhile, the proposal in clause 60(3) of the Electoral Act (Amendment) Bill 2026, was amended by the Senate before it was passed by the Senate.

Reading the amended clause, Akpabio said, “That the presiding officer shall electronically transmit the results from each polling unit to the IReV portal. And such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the presiding officer and/or countersigned by the candidates or polling agents, where available at the polling units, because sometimes you don’t see any polling agent.”

He said the law also provides for situations where electronic transmission is impossible.

“Provided that if the electronic transmission of the results fails as a result of communication failure. In other words, maybe network or otherwise and it becomes impossible to transmit the results electronically in Form EC8A signed and stamped by the presiding officer and/or countersigned by the candidates or polling agents where available at the polling units, the Form EC8A shall in such a case be the primary source of collation and declaration of results,” he said.

There was a brief rowdy session earlier in the Senate during the emergency session to adopt the Votes and Proceedings of the February 4 sitting.

The session became rowdy after Akpabio read out details of proposed amendment to Section 60(3) after Senator Monguno had moved the motion that the red chamber rescinded its earlier decision.

Some lawmakers were not comfortable with certain words in the new proposal.

Thereafter, Senator Eyinnaya Abaribe called for a point of order to allow each senator vote individually, citing division under Order 70. He later withdrew the point of order which might jeopardize the amendment to Clause 60(3).

Senate team

Leading the Senate team is Senator Simon Bako Lalong, who serves as Chairman, alongside senators Mohammed Tahir Monguno (Borno), Adamu Aliero (Kebbi), Orji Uzor Kalu (Abia), Abba Moro (Benue), Asuquo Ekpenyong (Cross River), Aminu Iya Abbas (Adamawa), Tokunbo Abiru (Lagos), Niyi Adegbonmire (Ondo), Jibrin Isah (Kogi), Ipalibo Banigo (Rivers), and Onyekachi Nwebonyi (Ebonyi) as members. Their collective experience and regional representation are expected to guide the reconciliation process and ensure a coherent legislative outcome.

House of Representatives team

At the House of  Representatives, the committee is chaired by Rep. Adebayo Balogun (Lagos), with members including Rt. Hon. Ahmed Idris Wase (Plateau), Fred Agbedi (Bayelsa), Sada Soli (Katsina), Ahmadu Jaha (Borno), Igariwey Iduma Enwo (Ebonyi), Saidu Musa Abdullahi (Niger), Dr. Zainab Gimba (Borno), Awaji-Inombek D. Abiante (Rivers), James Faleke (Lagos), Paschal Agbodike (Anambra), and Obi Aguocha (Abia). The team brings together a broad spectrum of constituencies and political experiences, aimed at resolving any differences between the two chambers.

Together, the Senate and House committees are tasked with harmonising the Electoral Act Amendment Bill, ensuring that it reflects a unified legislative intent and strengthens transparency, accountability, and efficiency in Nigeria’s electoral process.

By Muideen Olaniyi, Itodo Daniel Sule, Baba Martins (Abuja) & Mumini Abdulkareem (Ilorin)

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