Electoraal Act amendment and Senate’s politics of reversal

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Senate President, Godswill Akpabio

From Adesuwa Tsan, Abuja

The Senate’s dramatic reversal on electronic transmission of election results appears to have reshaped the trajectory of Nigeria’s ongoing electoral reform debate, underscoring the growing influence of public pressure, civic activism and rising expectations from the legislature.

Daily Sun gathered that what began as a contentious amendment process that deepened public anxiety over the credibility of the 2027 general election has now evolved into a broader national conversation about the role of technology in safeguarding democracy.

At the heart of this debate is the decision by the Senate to bow to mounting protests and adopt electronic transmission of results from polling units to the Independent National Electoral Commission’s (INEC) Results Viewing Portal (IReV), while stopping short of mandating real-time transmission. The compromise clause, which allows Form EC8A to serve as the primary means of collation where electronic transmission fails, reflects both a partial victory for reform advocates and a reminder of the enduring tensions between technological ambition and Nigeria’s infrastructural realities.

However, beyond the legislative technicalities, the spotlight has now shifted decisively toward telecommunications institutions, the Nigerian Communications Commission (NCC) and telecom operators, with Nigerians increasingly demanding that they deliver the digital backbone necessary for free, fair, transparent and credible elections.

Protests and the Reassertion of Civic Power

The senate’s initial posture was shaped by its retention of Section 60 of the Electoral Act 2022, which allows the “transfer” of results without explicitly mandating electronic or real-time transmission. Lawmakers defended this approach as pragmatic, citing network limitations, uneven infrastructure, and judicial precedents that have consistently prioritised manually collated results over electronic uploads.

Initially, Senate President, Godswill Akpabio dismissed claims that the Red Chamber had rejected electronic transmission, insisting that lawmakers merely retained existing provisions. “Electronic transmission has always been in our laws,” he said during plenary. “We did not remove it. What we did was to retain the provision that already exists. There is no way we can, in this era of electronics, now be going backwards.”

Similarly, Senate spokesman Yemi Adaramodu had argued that the controversy surrounding “real-time transmission” was semantic. “Who determines real time? In some places, network may not be available immediately. You may need to travel for one or two hours before you can transmit. Can you still insist on five minutes?” he queried.

However, this legislative caution collided headlong with public sentiment. For many Nigerians, the 2023 general elections represented a watershed moment in the struggle for electoral transparency. The widespread failure of INEC’s IReV platform during critical stages of result transmission, coupled with conflicting interpretations of the law by courts and election tribunals, had already eroded public confidence. As such, any legislative step perceived as entrenching ambiguity was bound to provoke resistance, Daily Sun’s investigations revealed.

Civil Society Organisations (CSOs), opposition parties, and citizen movements swiftly mobilised, framing the senate’s decision as a regression from hard-won democratic gains. The protests that followed, led by former Labour Party presidential candidate, Peter Obi, activist Aisha Yesufu, and later former Minister of Transportation Rotimi Amaechi, were remarkable not just for their scale, but for their symbolic power. They signalled a growing refusal by Nigerians to remain passive observers in the legislative shaping of their electoral future.

Political parties, including the African Democratic Congress (ADC) and the Peoples Democratic Party (PDP), also publicly opposed the rejection of electronic transmission. The ADC described the senate’s action as “a deliberate attempt to weaken democratic safeguards and prepare the ground for electoral manipulation,” while PDP leaders warned that the move could further deepen voter apathy and mistrust in democratic institutions. Former Vice President Atiku Abubakar also joined public voices condemning the senate’s initial position.

The National Assembly complex in Abuja became the focal point of this civic awakening. Protesters barricaded gates, defied heavy security presence, and sustained pressure for days, transforming a technical legislative clause into a national referendum on democracy and accountability.

Addressing protesters, Obi described the senate’s earlier decision as “a grave setback to Nigeria’s democratic progress,” warning that it could erode public trust ahead of the 2027 elections. “The refusal to make electronic transmission compulsory is a serious threat to the credibility of our electoral process,” he said. “Technology should strengthen democracy, not weaken it.”

Aisha Yesufu echoed this concern, as she declared, that “This is about the future of Nigeria. We will not allow a few lawmakers to mortgage our democracy. Nigerians are watching, and history will judge every action taken here.”

Amaechi’s participation added another layer of political symbolism. By openly accusing the ruling All Progressives Congress (APC) of fearing electoral defeat under a transparent system, he reframed the debate as a struggle between entrenched political interests and popular will. “If they truly believe they are popular, why are they afraid of electronic transmission?” he asked. “What are they hiding?”

Not left out, the Nigeria Labour Congress (NLC) further amplified pressure by threatening nationwide protests and possible election boycotts. In a statement, the labour centre warned that “credible elections are central to democratic stability” and vowed to mobilise workers should lawmakers fail to reconsider their position.

Ultimately, the senate’s reversal demonstrated that sustained public mobilisation can still shape legislative outcomes, even in a political environment often characterised by elite dominance.

Senate’s Reversal: A Partial Victory

Confronted by the intensity of public outrage, the senate reconvened in an emergency plenary session and adopted a revised Clause 60(3), mandating electronic transmission of results to IReV. The motion, moved by Chief Whip, Mohammed Tahir Munguno and presided over by Senate President Godswill Akpabio, marked a significant concession to public demands.

Munguno told his colleagues that the amendment was necessary “to ensure clarity, transparency, and credibility in our electoral process,” adding that it would “enhance speed, accuracy, and accountability in election result management.”

Reading out the revised provision, Akpabio explained: “The clause being debated provides that presiding officers shall electronically transmit the results from polling units to INEC’s IReV portal and that if electronic transmission fails and it becomes difficult to transmit the results, Form EC8A shall be the primary means of collation.”

The new provision requires presiding officers to electronically transmit results from polling units to IReV, but introduces a critical caveat: where electronic transmission fails due to network or technical challenges, Form EC8A becomes the primary instrument for collation and declaration of results.

Supporters of the amendment argue that it strikes a necessary balance between technological aspiration and operational realism. In a country marked by deep infrastructural disparities — where network coverage varies widely between urban and rural areas — an inflexible mandate for real-time transmission could inadvertently disenfranchise voters or disrupt electoral processes.

Yet critics see the fallback to manual collation as a loophole that could be exploited to undermine transparency. They argue that the absence of a strict statutory timeline perpetuates the same ambiguity that fuelled disputes in 2023. In their view, without a clear requirement for real-time upload, the IReV platform risks remaining a mere transparency tool rather than a decisive safeguard against manipulation.

Judicial Precedents and Legislative Hesitation

The senate’s cautious approach cannot be fully understood without reference to Nigeria’s post-2023 election jurisprudence. Daily Sun recalls that in a series of landmark judgments, including Atiku Abubakar & Anor v. INEC & Ors and Peter Obi & Anor v. INEC & Ors, the Presidential Election Petition Court held that electronic upload of results to IReV is not determinative of election outcomes.

The courts affirmed that while the Electoral Act 2022 permits electronic transmission, it does not elevate IReV above manual collation using statutory forms. As a result, discrepancies between IReV uploads and physical result sheets were insufficient to invalidate elections where manual records were duly completed and signed.

These rulings cascaded through governorship and legislative election tribunals, reinforcing a legal environment in which electronic transmission is treated as supplementary rather than foundational. For senators wary of legislating in contradiction to judicial interpretation, the safer path appeared to be the retention of flexibility rather than the imposition of rigid technological mandates.

However, reform advocates counter that this precisely underscores the need for legislative clarity. If courts interpret existing provisions as permissive rather than mandatory, then the burden falls squarely on lawmakers to close the gaps and align statutory language with public expectations for transparency and accountability.

NCC, Telecoms, and the New Frontier of Electoral Credibility

Perhaps the most consequential shift in the national conversation is the growing expectation that the Nigerian Communications Commission (NCC) and telecommunications companies must now play a central role in delivering credible elections.

For many Nigerians, the debate over electronic transmission has exposed a fundamental infrastructural question: can Nigeria’s digital ecosystem support the technological demands of modern elections?

Network failures during the 2023 elections — particularly in rural, riverine, and conflict-affected areas — undermined confidence in IReV and fuelled arguments against mandatory real-time transmission. Yet, rather than accepting these limitations as immutable, public discourse is increasingly turning toward institutional accountability for digital infrastructure.

Nigerians are now looking to the NCC, as the sector regulator, to enforce robust standards of network reliability, coverage, and redundancy, especially during critical national events such as elections. Similarly, telecom operators are under growing pressure to invest in infrastructure upgrades, expand coverage to underserved regions, and guarantee network stability during polling periods.

Civil society groups argue that credible elections in the digital age are inseparable from reliable connectivity. Without consistent network access, electronic transmission becomes uneven, creating disparities between urban and rural voters and opening spaces for manipulation. As such, the credibility of future elections may depend as much on telecom policy and investment as on legislative reform.

There are increasing calls for regulatory frameworks that would compel telecom operators to prioritise election-related data traffic, deploy temporary mobile base stations in remote areas, and collaborate closely with INEC to ensure seamless connectivity on election days. Some advocates have even proposed statutory obligations on telecom firms to provide guaranteed minimum service levels during elections, backed by penalties for non-compliance.

In this emerging paradigm, the NCC and telecom companies are no longer peripheral actors but central stakeholders in Nigeria’s democratic process.

Harmonisation and the Road to Presidential Assent

Despite the senate’s reversal, the legislative journey of the Electoral Act Amendment Bill is far from complete. The House of Representatives had earlier passed a version mandating real-time electronic transmission, setting the stage for a potentially contentious harmonisation process.

The expanded conference committee, chaired by Senator Simon Lalong, now bears the burden of reconciling these differences. Senate President Akpabio has stressed the urgency of its assignment, saying, “If the committee concludes its work quickly, the president should be able to sign the amended Electoral Bill into law this month.”

This harmonisation phase represents a critical juncture. It is here that the competing visions of electoral reform — flexibility versus rigidity, pragmatism versus ambition — will be negotiated. The outcome will not only shape the legal framework for the 2027 elections but also signal the political will of the National Assembly to align with public demand for transparency.

Broader Reforms in the Bill

Beyond electronic transmission, the amendment bill introduces sweeping changes to Nigeria’s electoral architecture. The compression of electoral timelines, reduction of notice periods, and tightening of deadlines for party primaries and nominations aim to streamline the process but carry significant administrative risks.  But critics warn that shortened timelines could overwhelm political parties, intensify pre-election litigations, and strain INEC’s already stretched logistics. In a country grappling with insecurity, difficult terrain, and infrastructural deficits, accelerated schedules may compromise rather than enhance efficiency.

The formal replacement of the Smart Card Reader with the Bimodal Voter Accreditation System (BVAS) aligns the law with current operational practice. However, the refusal to expand voter identification options to include electronic or downloadable voter cards appears conservative in a rapidly digitising world.

Similarly, while increased fines for electoral offences signal tougher deterrence, the rejection of longer political bans for offenders has raised questions about the seriousness of legislative commitment to electoral integrity.

A Crisis of Trust and the Road Ahead

Ultimately, observers see the debate over electronic transmission as a proxy for a deeper crisis of trust. Nigerians’ insistence on technological safeguards reflects widespread scepticism toward political institutions and electoral management bodies. In this context, technology is not merely a tool, but a symbol of accountability.

However, there are those who argue that technology alone cannot guarantee credibility. Without institutional transparency, regulatory enforcement, and political will, even the most sophisticated digital systems can be compromised, they further argued. The challenge, therefore, lies in building an integrated framework where legal clarity, technological capacity, and institutional accountability reinforce one another.

The struggle over Clause 60(3) may well be remembered as the moment Nigerians decisively asserted their stake in the rules governing their democracy. Whether that assertion translates into lasting reform will depend on the choices now before the National Assembly, the executive, INEC, the NCC, and the telecommunications industry.

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