A coalition of electoral reform advocates has warned that the Senate’s proposed amendment to Clause 60(3) of the Electoral Act could erode safeguards around electronic transmission of election results and weaken recent gains in transparency.
The position was adopted at an expert roundtable convened in Abuja by ActionAid Nigeria, YIAGA Africa and the Movement for the Transformation of Nigeria. The forum brought together academics, civil society leaders, lawyers, engineers, election administrators and governance specialists to assess the implications of the National Assembly’s amendment to Clause 60(3) of the Electoral Act 2022.
At issue is the provision governing electronic transmission of results. While the existing law provides for electronic transmission, the Senate’s amendment affirms that manually signed polling unit results remain legally valid where electronic transmission fails. Participants argued that such a caveat could reopen longstanding vulnerabilities in Nigeria’s electoral process.
The experts expressed preference for the version passed by the House of Representatives, describing it as less injurious to electoral safeguards than the Senate’s proposal. However, they called for further refinements to eliminate ambiguities and strengthen legal clarity.
Discussions focused heavily on the role of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) as critical safeguards at polling units. Participants maintained that electronic transmission is not merely a technological upgrade but a structural protection against manipulation during result collation—historically regarded as the weakest link in Nigeria’s elections.
Technical specialists at the meeting cited data indicating that approximately 98 per cent of polling units have network coverage, leaving about two per cent as connectivity blind spots. They recommended targeted infrastructure investments to close these gaps rather than reverting to manual safeguards that could compromise transparency.
Concerns were also raised over legal ambiguities in the Senate’s version, which participants said does not expressly mandate transmission through BVAS or clearly outline procedures in the event of technical failure. Such gaps, they warned, could create loopholes and foster conflicting interpretations between manually collated and electronically transmitted results.
The roundtable further examined the legal status of regulations issued by the Independent National Electoral Commission (INEC). Many operational guidelines on electronic transmission are contained in subsidiary regulations rather than embedded directly in the Act, potentially weakening their enforceability in litigation.
Participants cautioned that unclear statutory provisions could increase post-election disputes and deepen what they described as the growing “judicialization of politics,” where electoral outcomes are frequently determined through court proceedings.
Beyond the immediate amendment, the experts identified broader structural challenges, including perceived executive influence in appointments to INEC, vote buying, weak enforcement of electoral offences and political interference. They called for comprehensive reforms to bolster the independence, accountability and technical capacity of the electoral body.
In their resolutions, the participants agreed that electronic transmission should be explicitly established in law as the primary and legally binding method for transmitting election results. They also urged lawmakers to incorporate key INEC regulations directly into the Electoral Act, streamline judicial procedures for faster resolution of election petitions and invest in election technology infrastructure.
Looking ahead, the experts advocated a long-term reform agenda that could eventually include electronic voting, drawing on international best practices. They further called on the National Assembly to conduct a public hearing on the technical glitches recorded during the 2023 general elections to enhance accountability and prevent recurrence.
The meeting concluded that Nigeria’s democratic future depends on ensuring that electoral reforms reinforce — rather than dilute — safeguards designed to reflect the true will of voters. Participants pledged sustained legislative engagement and public advocacy to protect the integrity of the country’s electoral framework.
