Electoral Act: Senate bows to pressure, okays e-transmission of election results

Says where e-transmission fails, signed form EC8A shall serve as basis for collation, declaration of election result

Atiku kicks, says mixture of manual, electronic transmission will cause confusion

Emeka Agu with agency report

Bowing to pressure from opposition parties, civil society organisations, and professional groups among others, the Senate on Tuesday rescinded its earlier decision on Clause 60(3) of the Electoral Act relating to electronic transmission of election results.

Recall that the Senate passed the Electoral Act (amendment) Bill, retaining Clause 60(3) of the principal law, which provided for transfer of results during the February 4 plenary.

The earlier passage had generated heated debates among Nigerians, particularly on provisions regarding electronic transmission of results from polling units.

At the emergency plenary on Tuesday, the Chief Whip, Sen. Mohammed Monguno, sought the senate approval to rescind his earlier motion adopted during the Feb. 4 sitting.

The motion was seconded by the Minority Leader, Sen. Abba Moro.

Moving the motion, Monguno recalled the passage of the Electoral Act Repeal and Enactment Bill by the senate last Wednesday.

“Note that upon careful examination of the bill, fresh issues have emerged in respect of clause 60(3), requiring further legislative consideration for smooth, transparent elections.

“Relying on the provisions of Orders 1(b) and 52(6) of the Senate Standing Orders, 2023, as amended, I hereby move accordingly.

“That I resolve to rescind my earlier motion on Clause 60(3) of the Electoral Act Bill, as previously passed by the senate to replace ‘transfer’ with ‘transmit’.

“I also move that clause 60(3) be recommitted to the committee of the whole for further reconsideration and passage.

“The reason behind this amendment is that I was the one who moved the motion for the retention of the existing act.

“The controversy that it has generated has led me to rescind the decision,” Monguno stated.

During the reconsideration of the motion, the senate adopted all the clauses of the Electoral Act amendment bill after extensive deliberations by lawmakers.

The News Agency of Nigeria (NAN) reports that clause 60(3) was amended to mandate electronic transmission of results from polling units to IReV after EC8A forms might have been signed and stamped.

The amendment specified the signing by the presiding officer and available party agents at polling units before the electronic transmission.

It also provided that where electronic transmission failed due to communication issues, the EC8A form signed or countersigned shall remain primary.

The amendment further stated that in such cases, the signed EC8A shall serve as the basis for collation and declaration of election results.

The amended clause 60(3) 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 coalition and declaration of results.”

NAN reports that the Senate President, Godswill Akpabio, thereafter, listed the names of the conference committee, chaired by Simon Lalong (APC-Plateau South) and other members to harmonise the electoral act for the president’s assent.

Meanwhile, former Vice President, Alhaji Atiku Abubakar, says mixed electronic and manual transmission of election results will not resolve challenges in election process.

Atiku said that such combinations would amount to a potential threat to the country’s electoral system.

He said this in an interview with newsmen shortly after a visit to retired Gen. Ibrahim Babangida, Former Military President, in Minna on Tuesday.

He said that Nigerians had anticipated a fully electronic transmission of election results at all levels.

According to him, the hybrid system could compromise the integrity of elections and create unnecessary confusion in the collation of results.

“What Nigerians were expecting was electronic transmission of results across the various levels of the election.

“What we got instead was a mixture of electronic and manual transmission, which is going to cause more confusion and could jeopardise our electoral transmission system,” he said.

He stressed that real-time electronic transmission of results remained the best option for credible elections in the country.

Atiku also called on opposition political parties to unite and collectively pursue electoral reforms, particularly on the issue of electronic transmission of results.

“There is a need for all opposition political parties to come together to pursue this issue.

“We should not allow it to rest where some people want it to rest. I do not support that,” he added.

Atiku said that the visit to Babangida was purely a customary one of paying respect to a statesman.

He dismissed speculations about his political ambitions ahead of the 2027 general elections.

“The issue of whether I will be contesting the 2027 election has not even arisen,” he said.

The former vice president disclosed that, his party, the African Democratic Congress (ADC), was currently focused on strengthening its structures nationwide.

According to him, the ADC is working to ensure that its organisational framework is firmly rooted from the ward level, local government and state levels up to the national level.

“We are busy mobilising people and registering them at the same time,” he said.

Atiku added that the ADC constitution does not provide for zoning of political offices.