Senate amends Electoral Act to accommodate electronic transmission of results with conditions

The Senate on Tuesday rescinded its earlier decision on the Electoral Act amendment in which it had rejected the mandatory electronic transmission of election results from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IREV) after vote counting.

The upper chamber consequently re-amended the Electoral Act to accommodate the electronic transmission of results.

However, the provision comes with a caveat that, in the event of internet failure, Form EC8A will serve as the primary means of result collation.

Despite the change, the amendment does not make electronic transmission mandatory.

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Instead, it allows results to be transmitted electronically while providing an alternative in cases of network failure.

The decision followed a motion moved by the Senate Chief Whip, Tahir Monguno, during an emergency plenary session.

Mr Monguno (APC, Borno North) said the decision to rescind the Senate’s earlier rejection of electronic transmission was informed by the need for the Electoral Act to reflect the wishes of Nigerians.

“This amendment is to bring our laws to make it a replica of the wishes and aspirations of the people,” he said.

The Minority Leader, Abba Moro, seconded the motion.

The Senate President, Godswill Akpabio, subsequently put the motion to a voice vote, which was supported by a majority of lawmakers.

During the earlier clause-by-clause consideration of the Electoral Act amendment last Wednesday, Mr Monguno had requested that the Senate retain the provision in Clause 60 of the 2022 Electoral Act, which allows for the transmission of election results to collation centres.

With the latest amendment, the Senate has effectively admitted that its earlier version of the amendment was passed without a provision for electronic transmission of results. [Premium Times]