Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards

Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards

By: Michael Mike

A coalition of electoral reform advocates, legal experts and technology specialists has warned that the proposed amendment to Clause 60(3) of Nigeria’s Electoral Act could undermine recent gains in electoral transparency if not carefully revised.

They gave support to the position of the House of Representatives over that of the Senate, stating that the lower legislative arm position on the amendment of the electoral act was a lesser devil than that of the upper chamber.

The position emerged from an Expert Round Table convened in Abuja on Friday by ActionAid Nigeria, YIAGA Africa and the Movement for the Transformation of Nigeria. The meeting brought together academics, civil society leaders, lawyers, engineers, election administrators and governance specialists to examine the implications of the National Assembly’s amendment to Clause 60(3) of the Electoral Act 2022.

At the centre of deliberations was the provision dealing with electronic transmission of election results. While the current law provides for electronic transmission, the Senate’s amendment affirms that manually signed polling unit results remain legally valid if electronic transmission fails. Participants argued that this caveat could reopen long-standing vulnerabilities in Nigeria’s electoral process.

Experts at the forum stressed that credible elections are the bedrock of democratic legitimacy and political stability. They noted that Nigeria’s democratic history has repeatedly been strained by allegations of manipulation, flawed collation processes and protracted post-election litigation. According to participants, strengthening transparency in result transmission is critical to rebuilding public confidence.

A major focus of the discussion was the role of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) in safeguarding results at polling units. Participants described electronic transmission not merely as a technological innovation but as a protective mechanism against manipulation during collation — historically considered the weakest link in Nigeria’s elections.

Technical experts at the meeting maintained that electronic transmission is largely feasible nationwide, citing data that shows approximately 98 per cent network coverage across polling units, with only about two per cent classified as connectivity blind spots. They recommended targeted infrastructure investment to address these gaps rather than reverting to manual safeguards that could compromise transparency.

Concerns were also raised about legal ambiguities in the proposed amendment. Participants observed that the Senate version does not explicitly mandate electronic transmission through BVAS, nor does it clearly outline procedures in the event of technical failure. This, they argued, could create loopholes and fuel conflicting interpretations between manual and electronically transmitted results.

Another issue highlighted was the legal status of regulations issued by the Independent National Electoral Commission (INEC). Many operational guidelines governing electronic transmission are contained in subsidiary regulations rather than entrenched in the Act itself, potentially weakening their enforceability in court.

The experts warned that ambiguity in the law could increase election petitions and deepen what they described as the “judicialization of politics,” where electoral outcomes are increasingly determined in courtrooms rather than at the ballot box.

Beyond the amendment, participants identified broader institutional challenges affecting electoral integrity, including perceived executive influence in appointments to INEC, vote buying, weak enforcement of electoral offences and political interference. They called for comprehensive reforms to strengthen the independence and technical capacity of the electoral body.

In their resolutions, the roundtable participants reached consensus that electronic transmission should be clearly established in law as the primary and legally binding method for transmitting election results. They expressed preference for the version passed by the House of Representatives, which does not prioritise manually signed results in cases of transmission failure, while recommending further refinements to ensure clarity.

They also urged lawmakers to incorporate key INEC regulations directly into the Electoral Act, reform judicial procedures governing election disputes for faster resolution, and invest in election technology infrastructure.

Looking ahead, the experts advocated a long-term reform agenda that could eventually include electronic voting, drawing from international best practices. They further called on the National Assembly to conduct a public hearing on the technical glitches recorded during the 2023 general elections to prevent recurrence and enhance accountability.

The meeting concluded that Nigeria’s democratic future depends on ensuring that electoral reforms strengthen — rather than dilute — safeguards designed to reflect the true will of voters. Participants pledged continued legislative engagement and public advocacy to protect the integrity of the country’s electoral framework.

Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards