Wednesday, June 3, 2026

The Sun Nigeria

Electoral Act: Between the gavel and the people

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Nigerians may have been sufficiently entertained by the high drama in the 10th National Assembly (NASS) over the amendment of the Electoral Act Bill, its passage and eventual swift assent by President Bola Tinubu. Everything happened so quickly and predictably too as if we are watching a gripping Nollywood film. Despite protests by Nigerians, including major members of the opposition, the lawmakers passed the version approved by the Senate, which incorporated e-transmission of election results without mandatory and real-time.

In addition, it had a proviso permitting a manual back-up if there is failure of technology or network failure. The House of Representatives had earlier passed a version which included mandatory e-transmission of election results in real-time. This version has the support of most Nigerians. Nigerians had hoped that their wishes would be respected during the harmonization process by the Senate and the House of Representatives.

Despite walk out by some members, the Senate had its way and made the House of Reps to back its version and the ayes followed with quick hitting of the gavel by the presiding officer. Even when the nays sound louder than ayes, the ayes must have it. This is possibly so because the All Progressives Congress (APC) is controlling both chambers of the National Assembly via often celebrated defections to the ruling party either by choice, persuasion or coercion by members of the opposition.

Even elected governors and lawmakers from the opposition shamelessly left their parties with some offering unpalatable reasons why they left the party that brought them to power to join the ruling party and eat amala and ewedu, jollof rice and pepper soup. When the carpet-crossing became so embarrassing, Nigerians expressed worries over the orchestrated drift to one-party state. However, the ruling party swiftly dismissed such fears. Now APC has used its concocted majority in the NASS to bully its way to pass the Electoral Act Amendment Bill without reflecting the wishes of most Nigerians, who had wanted mandatory e-transmission of election results without the manual back-up caveat put by the Senate.

The speedy hitting of the gavel even when the nays are louder than ayes complicates the matter. Yes, the bill has been passed and the President has signed it into law and the matter is over, so thinks the Senate. Is that the end of the matter? I do not think so. The law did not factor the wishes of the people on whose behalf elected officials held power. In a democracy, power is vested in the people, who exercise authority through elected representatives. Where the views of the people are muted or negated in a law that will affect them, democracy suffers irretrievably. It is unfortunate that the Senate has failed Nigerians again. The 10th NASS has also failed Nigerians in this particular aspect. A payday is coming and the people will speak clearly with their votes. On that day of reckoning, the gavel will not be there to hit so quickly to obtain the people’s votes. The ayes and nays will be irrelevant. People will be judged according to their deeds, according to their performance.

Having been failed by the lawmakers, the people will remain vigilant and watch the implementation of the electoral law by the Independent National Electoral Commission (INEC) on the election day. The people’s gaze is now towards INEC, their officials and all those that will perform one duty or the other during the next general election. In a period of improved technology, INEC ought to deploy technology to improve the conduct of our elections.

Since 1999 when this democracy started, technology has become part of our electoral process. We had praised the use of the smart card reader, BVAS and other technological devices used by the electoral umpire to enhance the integrity of our elections. No matter the imperfections of our electoral process, we must continue to leverage on technology in getting the best out of our polls. Greater attention will now be shifted to Prof. Joash Amupitan-led INEC.

The INEC boss has also promised so much to improve on our elections. He boasted that he will conduct an election where the loser will be willing to congratulate the winner. This means that the elections under his keen supervision will be free, fair and transparent. It also means that nobody will cry blue murder or that they have stolen his mandate again. Amupitan’s promise is a tall order. But it is also achievable. Even some African countries have achieved such a goal.

We have the men and resources to achieve a credible and transparent poll in Nigeria. Prof. Humphrey Nwosu achieved it in 1993. It is still a possibility in 2026. Good enough, the new electoral law permits e-transmission of election results and manual back-up where technology fails. Let Amupitan pray that there would be no technology or network failure so that all results will be electronically transmitted so that people will believe the outcome. And even where there is failure of network, let Amupitan be honest and patriotic enough in manual transmission of election results.

The electoral law permits e-transmission of election results. The manual back-up will only be used if there is failure of network. We urge the network service providers to upgrade their technology and ensure uninterrupted service during the election. They can do it. It is a possibility. In 2023, INEC used it well in some elections. But in others, technical glitches reared up. In 2026, we can still do it without technical glitches. Or we can do it with minimal glitches. The integrity of election results whether transmitted electronically or manually depends so much on the sincerity of the person or persons in charge of the election.

Everything now depends on INEC and Amupitan. If things go well, Nigerians will hail him. If things go bad, Nigerians will crucify him. Nigerians are watching him. The world is watching him too. Nigeria has come of age. Let us prove to the world that we can conduct a free, fair and credible election in 21st century world. Let us show them that we can fix our electoral challenges and do the right things without being coerced to do so. Let us demonstrate that Nigeria is truly ripe for a transparent and credible poll.