Dr. Olisa Agbakoba, a former president of the Nigerian Bar Association (NBA), has called on lawmakers to swiftly amend the Electoral Act to establish electronic transmission of election results as a requirement prior to the 2027 general elections.
He cautioned that neglecting to provide a legal framework for electronic transmission could result in ongoing disputes in Nigerian elections, along with lengthy post-election litigations.
Agbakoba stated that the introduction of real-time electronic transmission, supported by formal legal authority, would greatly diminish disputes by generating accessible and verifiable digital records.
In a statement issued titled "Ending the Cycle – Why Electronic Transmission Should Be Enshrined in the Electoral Act Before 2027," Agbakoba argued that Nigeria’s electoral system is plagued by legal ambiguities due to the lack of explicit provisions for critical technological advancements.
He pointed out that despite frequent amendments to the Electoral Act in the lead-up to elections, legislators have consistently overlooked what he identified as a fundamental flaw—specifically, the absence of definitive legal authority regarding real-time electronic result transmission.
Agbakoba remarked that the legal disputes stemming from the 2023 general elections highlighted a significant loophole within the law.
While the Independent National Electoral Commission (INEC) utilized its Result Viewing (IReV) portal for uploading results from polling units, the Supreme Court later decided that electronic transmission was not explicitly mentioned in the Electoral Act of 2022.
He observed that the apex court ruled that since electronic transmission was only included in INEC’s regulations and not in the main text of the Act, it lacked a binding legal status.
The court further determined that the IReV platform was intended solely for public viewing and could not replace the established legal collation process or serve as admissible evidence in election-related cases.
Agbakoba stated, “The message was clear. Without specific statutory provisions, electronic transmission is merely optional and holds no legal significance, regardless of its transparency or efficiency.”
He also warned that the current legal stance imposes a nearly insurmountable burden of proof on those contesting election results.
Referring to the late Justice Pat Acholonu's comments in the case of Buhari v. Obasanjo (2005), Agbakoba recalled that the jurist had pondered whether any petitioner could effectively challenge a presidential election outcome in Nigeria’s judicial landscape.
The case involved former President Muhammadu Buhari and ex-President Olusegun Obasanjo.
Justice Acholonu pointed out that a petitioner would require hundreds of thousands of witnesses from various polling units across the nation to substantiate claims of irregularities, an endeavor he deemed virtually impossible within the stringent timelines mandated by law.
Agbakoba stated that this prediction has regrettably come true, noting that since Nigeria's return to democratic governance in 1999, no presidential election petition has ever succeeded.
With over 176,000 polling units throughout the country, he contended that the traditional method of addressing discrepancies on a unit-by-unit basis creates an almost unattainable evidentiary burden.
Agbakoba then contrasted this situation with the June 12, 1993 presidential election, which is often celebrated as one of the most credible elections in Nigeria’s history.
Conducted under the Option A4 system, the election allowed for open counting and instant verification of results at polling locations in front of voters and party agents.
Even though it used manual methods, the process generated a high level of public trust due to its transparency, he noted.
The election, which saw the late Moshood Abiola emerge victorious, was later annulled by the military regime but continues to serve as a standard for electoral integrity in Nigeria’s democratic history.
“If a manual process can achieve such credibility in 1993,” Agbakoba asserted, “consider the potential transformation that real-time electronic transmission could offer our current digital landscape. It would combine immediate verification with secure digital records, enhancing transparency along with efficiency and verifiability.”
He described the ongoing legislative review as a significant opportunity for the National Assembly to rectify the flaws in the Electoral Act in time for the 2027 elections.
Embedding mandatory real-time electronic transmission of results into law, he suggested, would eliminate confusion, address legal loopholes, and mitigate post-election disputes.
Agbakoba warned that without necessary reforms, Nigeria could remain trapped in a “vicious cycle” of elections that generate widespread disputes, lengthy judicial processes, and continual amendments to the Electoral Act.
“Our democracy requires certainty, transparency, and enforceability. Anything less than clear statutory support for electronic transmission keeps the process open to disputes,” he concluded.
He emphasized that although INEC has made strides in digital technology, administrative guidelines cannot replace the authority granted by an Act of Parliament.
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