Abaribe: Senate Endorses Real-Time Electronic Results Transmission, Not Transfer

Senator Enyinnaya Abaribe, representing Abia District, has clarified that the Senate's endorsement pertains to real-time electronic transmission of election results, a measure taken to avert potential manipulation and legal disputes following elections.

In a discussion with ARISE News, Abaribe asserted that the misunderstandings regarding the Senate's resolution are unfounded, emphasizing that what was officially approved is the 'transmission, not transfer' of results. He highlighted that this distinction is critical for ensuring credible elections.

"The Senate has indeed approved this, and I will shed light on the process," Abaribe detailed. "What we sanctioned is transmitting election results, contrasting with the 'transfer' framework outlined in the previous 2022 Act, which we find ambiguous."

He elaborated on the confusion stemming from Nigeria's electoral history, notably post-2023 elections, during which judicial decisions ruled that guidelines from the Independent National Electoral Commission (INEC) lacked the authority of law.

"In the last elections conducted under the 2022 Act, courts ruled that INEC's guidelines were not legally binding. This spurred consensus among lawmakers that legislation must be explicit, straightforward, and devoid of any ambiguity," Abaribe remarked.

The senator noted that the amendment process was thorough, featuring extensive consultations over a significant timeframe.

"From 2024 to now, meetings of the Senate and House committees on the Electoral Act have convened 27 times, engaging INEC, civil society groups, and various stakeholders. The conclusion was a commitment to electronic results transmission using the IReV system," he explained.

Abaribe added that an ad hoc committee was formed to further scrutinize the report presenting the amendment prior to moving into an executive session to address any contentious points.

He highlighted, "We entered an executive session to have candid discussions. We approved all feasible facets, including electronic transmission. When we reconvened, it was merely to formally ratify our previous agreements."

Surprisingly to the senators, reports began circulating, even during their session, suggesting that the electronic transmission had not been approved.

"While still within the chamber, unverified information suggested this was not the outcome. Everyone was taken aback. I went directly to the Senate President, who assured that we had sanctioned transmission, not transfer," Abaribe recounted.

To mitigate public misunderstanding, some senators quickly mobilized to clarify the situation.

"We aimed to prevent any misinformation. Nigerians do not want courts determining the outcomes of elections again, which is why we emphasized that the process isn't complete until votes and proceedings are accepted," he asserted.

The senator described the votes and proceedings phase as essential for rectifying any discrepancies between the approved measures and what is officially recorded.

"Once the votes and proceedings are presented, if we see 'transfer' in place of 'transmission,' we will immediately declare, 'No, Mr. President, that's not what we agreed upon,'" he warned.

Acknowledging the significance of the Senate's integrity, Abaribe remarked on the heavy responsibility borne by legislators.

"Every senator’s credibility is on the line as we serve on the foundation of public trust. Nigerians have elected us to fulfill this duty on their behalf," he noted.

He further clarified the Senate's intention to eliminate any terminology that grants INEC discretion over the electoral process.

"The rationale is straightforward: whenever a legal matter arises referencing 'according to INEC guidelines,' courts interpret guidelines as lacking legal authority. This is why such phrasing was excluded," Abaribe elaborated.

"The language we ratified mandates INEC to conduct results transmission in real time, with no allowance for discretion," he added.

Defending the principles behind the real-time transmission, Abaribe stated that transparent elections benefit all, including politicians.

"If you assert your legitimacy stems from the electorate, why would you endorse obscurity? I represent the constituents of Abia South. I would prefer real-time feedback on election day, including if the populace no longer supports my candidacy," he acknowledged.

Addressing doubts regarding lawmakers’ fear of real-time transmission inhibiting manipulation, Abaribe emphasized that clarity in the law is vital for public assurance.

"The only method to persuade a doubtful populace is to ensure the language of the law is clear, straightforward, and accessible to everyone — even non- lawyers. No space for misinterpretation should exist," he said.

He warned that if the finalized harmonized bill undermines electronic transmission, legislators will oppose it resolutely.

"Not just myself, but a majority of senators intend to resist any changes. We discussed this comprehensively in the executive session," he confirmed.

Abaribe defended the choice to conduct deliberations in a closed session, attributing it to the desire to avoid distractions and theatrical performances.

"When cameras are present, members may perform for the audience. We sought to handle matters rigorously, and we accomplished that," he stated confidently.

Expressing optimism about the reform trajectory, Abaribe asserted that Nigeria will not reverse any advancements made since 2023.

"The Senate President himself stated that Nigerians should be assured we are not reverting; we are advancing," he reaffirmed.

"In 2023, my own electoral results were already published on IReV before the official collation ended. We were aware of our standings. This is the system we are maintaining moving forward," he concluded.

Finally, the senator urged citizens to engage actively with their elected officials to safeguard electoral reforms.

"Communicate with your senators and House of Representatives members. They are your representatives. If you desire a clear and unambiguous law on electronic transmission, reach out to them. I have already received numerous calls today, and I assured them that there is reason to be calm — this is our current status," Abaribe stated.

He added that Nigerians should closely monitor the adoption of the votes and proceedings, which he identified as a crucial measure ensuring that real-time electronic transmission is codified into law.