The Senate has announced that it chose to make the electronic transmission of election results optional instead of mandatory based on consultations from significant stakeholders in Nigeria’s communications and power industries.
The upper chamber revealed that during the amendment process for the Electoral Act, it discovered that numerous communities do not have internet connectivity and that millions of Nigerians also lack stable access to electricity.
Senate Leader Opeyemi Bamidele (APC, Ekiti Central) provided this context in a statement from his media office on Sunday.
He remarked that Nigeria's broadband internet access is considerably low in comparison to global benchmarks and developed nations.
Bamidele referenced the Speedtest Global Index, which states Nigeria's mobile network reliability is at 44.14 megabits per second, which is significantly lower than that of countries like the UAE at 691.76 Mbps, Qatar at 573.53 Mbps, Kuwait at 415.67 Mbps, Bahrain at 303.21 Mbps, and Bulgaria at 289.41 Mbps. This places Nigeria well below the global average.
In terms of fixed internet broadband, Nigeria ranks 129th out of 150 nations with a rating of just 33.32 Mbps, while Singapore leads with 410.06 Mbps, followed by the UAE at 382.35 Mbps, France at 346.25 Mbps, Chile at 348.41 Mbps, and Hong Kong at 345.25 Mbps.
Bamidele added that power supply issues are also significant factors in this legislative decision, citing that approximately 85 million Nigerians, or around 43% of the population, still do not have access to the electrical grid due to inadequate distribution and transmission capacity.
"With a generation capacity that fluctuates between 12,000 and 13,500 megawatts, we can only deliver 4,500 megawatts to homes across the nation. However, the new Electricity Act of 2025 is expected to aid substantial development in the power sector starting this fiscal year," he said.
In a revision to the Electoral Act amendment last Tuesday, the Senate reversed its prior rejection of the automatic electronic transmission of results from polling places to the INEC's Result Viewing Portal (IREV) after the votes are tallied.
The legislators amended the law to allow for electronic result transmission, but stipulated a provision that mandates Form EC8A to serve as the primary method of result collation in case of internet outages.
Despite the amendments, electronic transmission is not compulsory; it is permitted while still offering an alternative for situations where network problems arise. Form EC8A serves as the key document where the presiding officer records the results right after counting the votes at a polling station. Courts often refer to these forms as the initial official record of votes.
To address differences between its version of the bill and the one already passed by the House of Representatives, the Senate has created a nine-member harmonization committee. This committee is set to begin discussions on the amendment on Monday, intending to recommend a finalized version for legislative approval and presidential assent.
Meanwhile, several Civil Society Organizations (CSOs) involved in election monitoring and civic advocacy have called on the harmonization committee to adopt the House’s version of the amendment, which mandates electronic transmission of results regardless of internet issues.
Groups advocating for this stance include Yiaga Africa, the Centre for Media and Society (CEMESO), The Kukah Centre, the International Press Centre (IPC), ElectHER, the Nigerian Women Trust Fund, and TAF Africa.
Bamidele contended that Nigeria’s subpar broadband infrastructure and limited electricity supply should preclude making electronic transmission mandatory at this time, as it risks introducing uncertainty that could destabilize the electoral process.
"At this point in our evolution, real-time electronic transmission of results may not be feasible. To prevent exacerbating any existing challenges, making it optional is a pragmatic approach, especially since the National Electronic Register of Election Results has already been established within Section 62(2) of the Electoral Act, 2022," he noted.
He explained that these realities were among the primary reasons the Senate initially opted to maintain Sections 60(3 & 5) of the Electoral Act 2022, which were later revisited during an urgent plenary session.
Bamidele emphasized the Senate's duty to pursue legislative measures based on factual evidence rather than emotional impulses, stressing the importance of aligning laws with the country's tangible circumstances to avoid chaotic outcomes.
"The elimination of the term 'real-time' from the clause was part of our effort to ensure a practical electoral framework that reflects our current realities while addressing concerns from citizens comprehensively. Our decisions should serve the public’s interests without succumbing to ungrounded sentiments," he concluded.
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