Electoral Act Amendment: Vicious cycle must end – Agbakoba

By Lawrence Agbo

A Senior Advocate of Nigeria (SAN), Dr Olisa Agbakoba, has called on the National Assembly to urgently amend the Electoral Act to make electronic transmission of election results mandatory ahead of the 2027 general elections, warning that the vicious cycle of continuous amendments and prolonged litigation after elections must end.

In a statement titled “Ending the Cycle – Why Electronic Transmission Should Be Enshrined in the Electoral Act Before 2027,” shared on the X platform, Agbakoba said that Nigeria’s electoral framework has continued to suffer from legal uncertainty due to the absence of strong regulatory processes backed by clear statutory authority.

“Nigeria’s electoral framework has been plagued by persistent legal uncertainty, forcing courts to determine election outcomes.

“This uncertainty stems from a fundamental failure: the absence of strong regulatory processes backed by express statutory authority. With every election cycle, we rush to amend the Electoral Act.

“Yet we continue to grapple with the same challenges, leading to continued rounds of amendments. This vicious cycle must end.”

Agbakoba further referenced the 2023 general election, stating that the Supreme Court ruled that the IReV is only a result viewing platform for public viewing and cannot be used as evidence in election petitions because it was not expressly provided for in the Electoral Act 2022.

“The 2023 election exposed a critical gap in our electoral legal framework. Despite INEC’s deployment of the IReV portal for electronic transmission of results, the Supreme Court ruled that this innovation lacks legal force.

“The Court held that because electronic transmission is not expressly provided by the Electoral Act 2022 (appearing only in INEC’s Regulations and Guidelines), it is not legally binding.

“And that the IReV portal serves merely for public viewing and is not admissible evidence of results in election petitions,” he stated.

The Senior Advocate described the ongoing legislative review process as a critical opportunity for the National Assembly to address the issue decisively before the 2027 elections.

He further stressed that Nigerians deserve a credible and transparent electoral framework that restores confidence in democracy.

“The National Assembly must act decisively to embed mandatory real-time electronic transmission of results in the Electoral Act, removing all ambiguity and closing the legal loopholes that have been exploited to undermine the people’s will. Democracy demands nothing less,” he said.

Agbakoba warned that failure to act could result in another round of disputed elections, prolonged court cases, and further damage to Nigeria’s democratic credibility.