Everything You Need to Know About the Senate’s New Rule on Results Transmission

The Nigerian Senate has recently amended a crucial part of the Electoral Act concerning how election results are uploaded from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IREV). 

This change could have a significant impact on the transparency of future elections.

The key change is in Clause 60(3) of the Electoral Act Amendment Bill, which governs the procedure for electronic transmission of polling unit results.

What the Law Previously Required

Under the old law, presiding officers at polling units were required to upload results to the IREV portal in real time after counting and once the result form (EC8A) had been signed and stamped.

This meant:

• Results were uploaded immediately after counting.
  
• Voters saw the results online quickly, reducing the chances of manipulation.
  
• Delays were kept to a minimum, strengthening the credibility of the election process.
  

The “real-time” requirement aimed to enhance transparency and public trust in elections.

What the Senate Has Changed

The Senate’s amendment removes the term “real time” from the clause. Now, the law simply states that presiding officers must transmit results to the IREV portal electronically, without specifying a time frame for when the upload should occur.

This change allows for more flexibility in uploading results, replacing the immediate upload requirement with a more relaxed standard.

Why Timing Matters

The timing of results transmission matters because immediate uploads narrow the gap between counting and public release. This limits opportunities for manipulation or interference before results are published.

Without a specific time frame, critics argue that results could be delayed, potentially creating discrepancies between what voters saw at the polling unit and what appears on IREV later. Such delays have historically led to disputes and legal challenges in past elections.

Arguments Behind the Amendment

Supporters of the amendment argue that Nigeria’s telecommunications infrastructure is uneven, especially in remote areas with poor or no network coverage. They suggest that requiring real-time transmission in these areas could disrupt the election process and unfairly penalize communities with limited connectivity. 

Removing the time requirement gives officials more flexibility, allowing them to upload results once they have a reliable connection.

Concerns Raised by Critics

Opponents of the amendment believe it weakens a crucial safeguard in the Electoral Act. They argue that technology issues should be addressed through improved logistics rather than relaxing the law. 

Critics contend that removing “real time” opens the door for potential manipulation, which could undermine public trust and the integrity of elections.

What Happens Next?

The Senate’s version of the amendment will be reconciled with the House of Representatives before being sent to the President for assent. Until the final version is passed, the framework for results transmission remains subject to change.

Why Does It Matter to Nigerians?

The new rule will affect:

• How quickly polling unit results appear on IREV.
  
• How secure the results are between counting and collation.
  
• The level of trust citizens have in election outcomes.
  

Ultimately, the change will determine whether election transparency is immediate and verifiable or delayed and discretionary.