Senate President Godswill Akpabio has challenged public and civil society criticisms concerning the Senate's amendment of the Electoral Act, asserting that such reactions stem from a misunderstanding of the legislative process and are premature.
Akpabio made these remarks in Abuja while attending the launch of a book titled "The Burden of Legislators in Nigeria," authored by Senator Effiong Bob. He was the special guest of honour at the event.
The Senate President addressed concerns that have arisen regarding the potential removal of the phrase "real-time" from the clause on electronic transmission of election results. He emphasised that the Senate's work on the bill is not yet finished and that public commentary at this stage is unwarranted.
"The Electoral Act amendment is incomplete. We have not completed it, but they are already on television. They don’t understand lawmaking. They don’t even know that what is in the Senate is not completed until we look at the Votes and Proceedings," Akpabio stated.
He elaborated on the parliamentary procedure, explaining that the "Votes and Proceedings" stage is crucial for senators to review, correct, or modify decisions made during plenary sessions before they are finalised.
"When we bring out the Votes and Proceedings, any senator has a right to rise and say, ‘On clause three, this was what we agreed upon.’ That is the only time you can talk about what the Senate has done or not done," he added.
Akpabio criticised individuals he deemed to be acting as "mouth legislators," suggesting that some civil society members are attempting to dictate legislative outcomes.
"People have become mouth legislators. Go and contest election if you want to talk about lawmaking and go and join them and make the law. Retreats are not lawmaking; retreats are part of consultations. So why do you think that the paper you agreed in Lagos during a retreat must be what is agreed on the floor?" he questioned.
He clarified that the Senate has not abandoned the idea of electronic transmission of results altogether, but rather raised questions about the necessity of "real-time" transmission.
"I must state clearly, without ambiguity, that the Senate has not removed any means of transmission. If you want to use a bicycle to carry your votes from one polling unit to the ward centre, do so. If you want to use your phone to transmit, do so. If you want to use your iPad, do so," Akpabio declared.
He further explained that mandating transmission in real-time could lead to legal complications if technical issues, such as network failures, arise during elections.
"All we said was that we should remove the word ‘real time,’ because if you say real time and there is grid failure and the network is not working, when you go to court somebody will say it ought to have been real time," he reasoned.
Akpabio suggested that the Independent National Electoral Commission (INEC) should be empowered to determine the methods and timing for transmitting results, within the bounds of the law.
"Real time means that in over nine states where networks are not working because of insecurity, there will be no election results. Nationally, if the national grid collapses and no network is working, no election results will be valid," he warned.
Referencing a Supreme Court decision, he noted that Nigeria's infrastructural limitations make real-time electronic transmission challenging, emphasizing that it remains a supplement to the established collation process.
"The result is in Form EC8A. It will be carried from the polling unit to the ward centre, from there to the local government collation centre, to the senatorial collation centre, to the state collation centre, and finally the national collation centre," he outlined.
Akpabio reiterated that the bill has not yet completed its journey through the bicameral legislative process. He pointed out that a conference committee will be formed to reconcile any differences between the versions passed by the Senate and the House of Representatives before the bill can be presented for final approval.
"It is only when we have finished that that you will now say the National Assembly has passed any amendment to the Electoral Act," he stated, urging critics to allow the legislative procedure to conclude and warning against attempts to undermine the process before its completion.
He stressed the importance of aligning electoral reforms with Nigeria's existing institutional and technological capabilities.
"We insist that electoral reforms must be anchored in law, guided by capacity, secured against abuse and applied uniformly across the nation. Technology must serve democracy; it must not endanger democracy," Akpabio asserted.
"You stay in a place that has no wire, no light, and you want to put in the law ‘real time.’ Progress must not bring about injustice," he added.
He cautioned that a lack of understanding of legislative mechanisms could pose a risk to democratic governance.
"When people do not understand their legislature, democracy is at risk. Democracy is measured not by passion alone, but by principles,” he said.
Akpabio recalled that the existing Electoral Act facilitated competitive elections in 2023, noting that it led to significant defeats for the then- ruling party in several key states.
"This same Electoral Act made the incumbent party almost lose millions of votes. We lost in places like Lagos and Kano. New parties won whole regions with the same act, whether real-time electronic transfer or not," he observed.
He concluded his remarks by stating, "You don’t make law for an individual or for opposition. You make law to outlast you, for generations unborn."
Earlier in the event, the National Chairman of the African Democratic Congress (ADC) and former Senate President, Senator David Mark, called for the National Assembly to pass the bill and delegate the decision-making on its implementation to INEC.
"What the ADC is saying is, pass the law. Let INEC decide whether they can do it (real-time electronic transmission) or not. Don’t speak for INEC. The stand of ADC is clear; pass the bill and let INEC decide on what it will do with it," Mark stated.
Several speakers, including Akwa Ibom Governor Pastor Umo Eno and book reviewer Professor Maxwell Gidado SAN, commended Senator Bob for his bravery in highlighting the difficulties faced by Nigerian legislators.
Senator Bob detailed the challenges, including intense electoral contests, conflicts with state governors and influential political figures, judicial nullification of election results, the burden of addressing constituents' personal needs, and self-imposed obstacles within the political landscape.
"The courage to defend democracy is in the legislature and the legislators," he remarked.
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