APC Achieves Legislative Victory

The ruling All Progressives Congress (APC) took advantage of its control in both chambers of the National Assembly on Tuesday to endorse the revised Clause 60(3) of the Electoral Act Amendment Bill, which addresses the mandatory real-time electronic transmission of election results from polling units to the IRev portal.

The approved Clause 60(3) stipulates that "The Presiding Officer shall electronically transmit the results from each polling unit to the IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding Officer and/or countersigned by the candidates or polling agents where available at the polling unit."

The clause continues, providing a contingency for failures: "Provided that if the electronic transmission of the result fails due to communication issues, the result contained in Form EC8A, signed and stamped by the Presiding Officer and countersigned by the candidates or polling agents where available, shall remain the primary source for collating and declaring results."

Since recent defections from opposition parties, the APC's presence in both the Senate and House of Representatives has surpassed the two-thirds majority threshold, facilitating the passage of major amendments and legislation. The APC now holds 241 out of 360 seats in the House of Representatives, equating to a clear two-thirds majority, aided by court decisions that invalidated victories for the opposition Peoples Democratic Party (PDP).

Upon the convening of the House on June 13, 2023, the APC had only 175 seats, falling short of the required 181 for a majority to elect the speaker, while opposition parties held a combined total of 182 seats: PDP 116, Labour Party (LP) 35, and New Nigeria Peoples Party (NNPP) 19, among others. Today, the Senate configuration shows the APC with 80 members, compared to the PDP's 21, the Labour Party's three, and two each from the APGA, while the NNPP has one.

The APC's overwhelming control in both chambers proved decisive in passing the electoral amendment bill, which now permits both electronic transmission and manual alternatives in instances of network failure.

The Senate, after initially recognizing a provision for obligatory electronic transmission, aligned its stance with the House by allowing for a manual backup, leading to 55 senators voting in favor and 15 against, largely from the minority parties.

In recent events, during the Senate's deliberation on the bill, Senator Enyinaya Abaribe (APGA, Abia) called for a division regarding Clause 60(3); however, this was contested by Deputy Senate President Barau Jibrin (APC, Kano), before Bamidele confirmed the validity of the call and guided the decisions through a tense session that favored the APC majority.

The House of Representatives reversed its earlier support for mandatory electronic transmission, opting instead for the Senate’s more lenient version that allowed both methods of result transmission amidst uproar from opposition members who vocally protested the decision.

Various lawmakers argued the need for both electronic and manual transmission methods, emphasizing the crucial role of technology in safeguarding electoral process integrity while minimizing the potential for voting discrepancies due to equipment malfunctions.

The House's amendments also included the abolishment of indirect primaries, pivoting candidates' nominations toward direct contests or consensus-based methods.

Moreover, the National Assembly has adjusted the election timetable provisions to allow the Independent National Electoral Commission (INEC) to reschedule polling dates that may coincide with Ramadan, providing a window of 60 days for necessary adjustments.

Prominent political activists, including former ministers, have criticized the National Assembly for perceived backtracking on previous commitments to electronic voting standards. Oby Ezekwesili, along with other advocates, has taken to the streets to demand clarity on provisions underpinning electoral transparency, warning against clauses that could permit manipulation of the electoral outcome.

The PDP, in a strong rebuke, accused the House of betraying public trust by reverting to a stance previously considered anti-democratic. This sentiment encapsulates ongoing discussions within Nigerian political circles regarding the future of the electoral framework as Nigeria approaches the crucial 2027 elections.