URGENT NECESSITY FOR THE AMENDMENT OF SECTION 60 OF THE ELECTORAL ACT 2022 TO MANDATE REAL-TIME ELECTRONIC TRANSMISSION OF RESULTS

By Dr Gabriel Nwambu

ADVERTISEMENT
Zoom Ad
ADVERTISEMENT
Zoom Ad

1. Introduction
The Centre for Credible Leadership and Citizens Awareness (CCLCA) views with grave concern the current legislative foot-dragging regarding the mandatory electronic transmission of election results. While the National Assembly has demonstrated remarkable speed in passing the “National Item” and approving various executive loan requests, the critical task of fixing the legal loopholes that led to the “technical glitches” of the 2023 General Elections has languished for three years.

As we approach the 2027 General Elections, the integrity of our democracy hinges on whether we choose to institutionalize transparency or continue to leave the sanctity of the vote to the “discretion” of individuals and systems prone to interference.

Advertisement

2. The Legislative Bottleneck: Section 60 and the Controversy of Discretion
The primary source of the 2023 electoral dispute lies in the ambiguous wording of the Electoral Act 2022, specifically Section 60, and its interplay with Section 50(2) and Section 64.

the Presiding Officer to transfer results, the courts interpreted the Act as giving INEC the “discretion” to determine the mode of transmission. This legal ambiguity allowed the shift from real-time electronic upload to manual collation during the 2023 Presidential Election, citing a “technical glitch.”

The Imperative for Amendment: We demand an amendment to Section 60 that replaces “may” with “shall.” The law must explicitly state:

Completion of the counting of votes and the signing of Form EC8A, transmit the total number of votes scored by a candidate and the scanned image of the result sheet (Form EC8A) in real-time and online to the INEC Result Viewing Portal (IReV) and the Central Server.”
3. Debunking the Infrastructure Myth
Arguments by some Senators that Nigeria lacks the requisite infrastructure are not only disingenuous but also a direct indictment of the current administration’s heavy investments in science and technology.

• Technical Viability: The Nigeria Society of Engineers (NSE) has confirmed that Nigeria possesses the requisite technological backbone to transmit data from any part of the country.
• Network Penetration: Even in the most remote areas, 2G and 3G network coverage exists. These networks are more than sufficient to transmit the small data packets required for a scanned Form EC8A (image/PDF) and text-based results.
• INEC’s Own Track Record: In 2023, before the sudden “glitch” affected the Presidential portal, INEC successfully uploaded over 93% of results from various categories. This proves that the system is capable; only the legal mandate to ensure its consistency is missing.
4. The Cost of Delay
The “Technical Glitch” of 2023 created a vacuum of trust that nearly destabilized our national peace. To allow the 2027 elections to proceed under the same vague legal framework is to invite a repeat of history.

5. Conclusion and Recommendations
The Centre for Credible Leadership and Citizens Awareness calls on the Senate to cease its delay tactics. To speak down on our nation’s technological capacity just to justify manual collation is a disservice to the President’s “Renewed Hope” agenda in the digital economy.
Our Prayers:
1. Mandatory Transmission: Amend Section 60 to make real-time electronic transmission of Form EC8A a mandatory, non-discretionary duty of the Presiding Officer.
2. Legal Consequences: Include strict penalties for any official who willfully fails to transmit results electronically where network coverage is available.
3. Audit Provisions: Grant political parties and accredited observers real-time read-only access to the backend of the Central Server to verify incoming data.
Nigeria is ready for a 21st-century election. The technology is here. The expertise is here. All that is missing is the political will to codify transparency into law.
Signed,
Dr. NWAMBU Gabriel
Director General
Centre for Credible Leadership and Citizens Awareness (CCLCA)

Keep Up to Date with the Most Important News

By pressing the Subscribe button, you confirm that you have read and are agreeing to our Privacy Policy and Terms of Use
Advertisement