Electoral Act Amendment: NBA calls for mandatory electronic transmission of results

The Nigerian Bar Association (NBA) has urged the National Assembly to amend the Electoral Act to make the electronic transmission of election results mandatory, calling on lawmakers to reverse the Senate’s decision to retain discretionary wording on the issue.

In a statement issued on Saturday, the association said its National Executive Council (NEC) adopted the position at its meeting held on February 5 in Maiduguri, Borno State, after considering a report presented by its president, Afam Osigwe.

The call comes amid sustained public debate over the Senate’s handling of the Electoral Act amendment bill. Earlier in the week, the upper chamber retained the provision on electronic transmission of results as contained in the Electoral Act 2022, which allows results to be transmitted “in a manner as prescribed by the commission.”

During deliberations on the bill, the Senate also rejected proposals for real-time transmission of results and a 10-year ban on vote buying, opting instead to retain existing penalties, including fines and jail terms. While some senators have said the bill enjoyed majority support, critics argue that the retained provisions fall short of strengthening electoral transparency.

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The NBA warned that leaving the electronic transmission of results at the discretion of the Independent National Electoral Commission (INEC) weakens the legal framework for transparent and timely result reporting and creates room for manipulation and post-election disputes.

According to the association, a clear statutory requirement mandating the electronic transmission of results from polling units is critical to safeguarding the integrity of votes and restoring public confidence in Nigeria’s electoral process.

The NBA further noted that credible elections remain the foundation of constitutional democracy and cautioned that resistance to enforceable, technology-driven reforms undermines democratic accountability.

It added that electronic transmission of results has become standard practice in modern democracies and urged Nigeria to align its electoral framework with global best practices.

The association called on lawmakers to demonstrate legislative responsibility by voting in favour of an amendment to clause 60(3) of the bill to expressly mandate the electronic transmission of election results.

“The council resolved that the National Assembly must urgently revisit clause 60(3) and pass the proposed amendment to expressly mandate the electronic transmission of results from polling units,” the statement said.