Pat Stevens/
The Nigerian Bar Association has warned that the absence of a clear statutory obligation for the electronic transmission of election results creates room for manipulation, ambiguity and post election disputes, thereby undermining public confidence in Nigeria’s electoral process.
The warning followed a meeting of the Association’s National Executive Council held in Maiduguri, Borno State, on February 5, where members adopted a report by the NBA President, Mr Afam Osigwe, SAN.
The report addressed the Senate’s recent decision to reject a proposed amendment to Clause 60, Subsection 3, of the Electoral Amendment Bill.
The rejected amendment sought to compel presiding officers of the Independent National Electoral Commission to electronically transmit polling unit results in real time to the INEC Result Viewing portal immediately after Form EC8A is signed, stamped and countersigned by party agents.
Instead, the Senate resolved to retain the existing provision of the Electoral Act, which states that results shall be transmitted “in a manner as prescribed by the Commission”.
The NBA said this discretionary wording weakens the legal framework for transparent and real time result transmission.
According to the Association, enforceable statutory compulsion, rather than broad discretionary language, is essential to protecting the integrity of votes cast and preventing post election disputes.
The Council warned that the current wording leaves the electoral process vulnerable to abuse and erodes trust in election outcomes.
In adopting the President’s report, the NBA’s National Executive Council resolved that the National Assembly must urgently revisit and pass the proposed amendment to Clause 60(3) to expressly mandate electronic transmission of results from polling units.
The Council stressed that credible elections are the foundation of constitutional democracy and said continued resistance to mandatory electronic transmission provisions undermines democratic accountability.
It added that technology backed transparency is now a standard feature of modern democracies and urged Nigeria to align its electoral laws with global best practices.
The NBA called on members of the National Assembly to demonstrate legislative responsibility by voting in favour of the amendment and reaffirmed its commitment to sustained engagement and advocacy to ensure that Nigeria’s electoral laws clearly reflect the will of voters.
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