Senate's Decision on Electronic Transmission of Election Results Sparks New Debates

The Senate's recent resolution concerning the amended Clause 60(3), which now permits both electronic and manual transmission of election results, has generated new questions.

On Tuesday, the upper legislative chamber reversed its earlier decision to reject the electronic transmission of results from polling units to the Independent National Electoral Commission (INEC) Results Viewing Portal (IReV).

While approving electronic transmission, the Senate introduced a stipulation. Clause 60(3) was modified to mandate the electronic submission of results from polling units to IReV after the EC8A forms have been signed and stamped by the presiding officer and any available party agents.

However, the amendment includes a provision stating that if electronic transmission faces communication challenges, the signed EC8A form will be considered the primary document for collation and declaration of results.

This adjustment effectively removes the requirement for real-time upload of results.

Civil society organisations and opposition parties have voiced criticism, labelling the Senate's action as inconsistent and potentially confusing.

The revised Clause 60(3) now reads: “that results shall be transmitted electronically from each polling unit to IReV. And such transmission shall be done after the prescribed EC8A has been signed and stamped by the presiding officer and party agents who are available at the polling unit. Provided that if the electronic transmission of the result fails as a result of communication failure, the result contained in form EC8A signed by the presiding officer and/or countersigned by the polling agents shall, in such a case, be the primary source of collation and declaration of results.”

This differs from the version passed by the House of Representatives, which mandated real-time electronic transmission of results to the IREV portal immediately after the EC8A forms are signed and stamped by the presiding officer and available party agents.

The Senate's amendment followed a motion by the Chief Whip, Senator Mohammed Monguno (APC, Borno North), during an emergency plenary session in Abuja, seconded by Minority Leader Abba Moro.

Monguno requested the Senate to rescind its February 4 decision, citing emergent issues in Clause 60(3) of the Electoral Act Bill that require further legislative attention for the conduct of transparent elections.

He moved that Clause 60(3) be recommitted to the committee of the whole for reconsideration, explaining that his initial motion for retention had been rescinded due to the controversy it generated.

In a related development, former Vice President Atiku Abubakar commented on the dual approach to result transmission. He stated that allowing both electronic and manual methods could jeopardise election integrity and complicate the collation process.

Atiku argued that real-time electronic transmission remains the most effective method for credible elections in Nigeria and urged opposition parties to unite in advocating for electoral reforms.

Meanwhile, former Minister of Transportation, Rotimi Amaechi, had previously led a protest at the National Assembly against the Senate's initial rejection of real-time electronic transmission, alleging that the ruling party feared losing elections.

The African Democratic Congress (ADC) has called on the Senate to remove any clauses that might weaken the guarantee of real-time electronic transmission. The party stressed the importance of mandatory real-time transmission, warning that any deviation could lead to manipulation of results.

ADC's National Publicity Secretary, Bolaji Abdullahi, clarified the party's position, stating that any ambiguity or loophole in the transmission process undermines electoral integrity. The ADC insists on an Electoral Amendment Act that unequivocally mandates real-time electronic transmission without exploitable exceptions.

The Peoples Democratic Party (PDP) echoed similar sentiments, urging Nigerians to insist on mandatory transmission. The PDP described the Senate's addendum as a covert attempt to maintain the status quo of rejecting electronic transmission and questioned the reliability of the BVAS technology for accreditation but not for result transmission.

The PDP stated that this caveat reveals a significant fear among senators opposed to electronic transmission and urged Nigerians to remain firm in their demand for real-time electronic transmission of results.

Civil Society Organisations (CSOs) expressed mixed reactions. Taiwo Otitolaye, Executive Director of Community Outreach for Development and Welfare Advocacy (CODWA), termed the Senate's action a 'double standard' and highlighted ongoing network reliability concerns in Nigeria. He, however, acknowledged public pressure played a role in the Senate's reversal.

Olasupo Abideen, Global Director of Brain Builders Youth Development Initiative, noted that electronic transmission is just one aspect of the reform agenda, and advocacy would continue. He saw the Senate's action as proof that sovereignty lies with the people.

Musa Aliyu, Director of Media Advocacy and Technologies Centre (MATEK), viewed the Senate's updated stance as a positive development for democracy, emphasising the need for accountability and responsiveness from elected officials.

Professor Gbade Ojo, a political scientist at the University of Ilorin, described the amendment as commendable but cautioned against over-reliance on technology, citing instances of foreign interference in US elections and glitches in Nigeria's banking and examination systems.

He warned that persistent issues like electricity failures and poor internet penetration pose significant risks to exclusively relying on electronic transmission for elections.

Dr. Edun Abdulkareem, Head of the Political Science Department at the University of Ilorin, stated that while the Senate's action is a step, meaningful progress is yet to be achieved due to infrastructural deficits like unstable electricity and networks.

He argued that the amendment still leaves the discretion to INEC, potentially allowing them to declare electronic transmission impossible in certain areas and escape legal challenges.

Abdulkareem advised Nigerians not to be misled into believing the amendment guarantees transparency.

The Senate, in its final adoption of the Electoral Act (Amendment) Bill 2026, included the amended clause 60(3). Senate President Godswill Akpabio read out the amendment, which allows for electronic transmission after manual signing and stamping of Form EC8A, with the signed form serving as primary evidence if electronic transmission fails due to communication issues.

Earlier, the Senate experienced a brief period of disorder during its emergency session concerning the adoption of the Votes and Proceedings from the February 4 sitting. The rowdiness ensued when Senator Monguno moved to rescind the prior decision on Section 60(3) and details of the proposed amendment were read.

Senator Eyinnaya Abaribe raised a point of order regarding individual voting, citing Order 70, but later withdrew it.

The Senate team for the harmonisation of the Electoral Act Amendment Bill includes Senator Simon Bako Lalong (Chairman), alongside Senators Mohammed Tahir Monguno, Adamu Aliero, Orji Uzor Kalu, Abba Moro, Asuquo Ekpenyong, Aminu Iya Abbas, Tokunbo Abiru, Niyi Adegbonmire, Jibrin Isah, Ipalibo Banigo, and Onyekachi Nwebonyi.

The House of Representatives team is chaired by Rep. Adebayo Balogun and includes Rt. Hon. Ahmed Idris Wase, Fred Agbedi, Sada Soli, Ahmadu Jaha, Igariwey Iduma Enwo, Saidu Musa Abdullahi, Dr. Zainab Gimba, Awaji-Inombek D. Abiante, James Faleke, Paschal Agbodike, and Obi Aguocha.

Both committees are tasked with reconciling differences in the Electoral Act Amendment Bill to ensure a unified legislative intent that promotes transparency, accountability, and efficiency in Nigeria's electoral process.