CSOs Reject "Dangerous Insertions" In 2022 Electoral Act On Electronic Transmission Of Votes

A coalition of Civil Society Organisations, CSOs, has expressed deep concern over the Senate’s revised Clause 60(3) on electronic transmission of election results, describing the ambiguities embedded in Bill as dangerous.

The coalition also warned that the embedded ambiguities could undermine electoral integrity.

The Senate had at an emergency plenary on Tuesday, rescinded its earlier rejection of electronic transmission and adopted a revised provision permitting both the electronic and manual transmissions of polling unit results.

According to the new clause which the Senate introduced, electronic transmission is mandated “as long as it does not fail,” while Form EC8A is designated as the primary source of election results.

The Senate also expanded its conference committee membership from six to twelve members to align with the House of Representatives.

However, in a statement jointly signed by the Centre for Media and Society, The Kukah Centre, International Press Centre, Elect Her, Nigerian Women Trust Fund, TAF Africa and Yiaga Africa, the groups welcomed the Senate’s decision to reverse its earlier position, describing it as a positive response to sustained public advocacy.

The civil society groups, however, cautioned that ambiguous or critical insertions in the revised clause risk weakening the safeguards introduced in the 2022 Electoral Act, describing the conditional phrase “provided if it fails and it becomes impossible to transmit” as dangerously ambiguous.

The further complained that the bill does not clearly define what constitutes failure, how such failure should be documented, or what verification mechanisms must be applied.

“In the absence of clear safeguards, this clause risks creating a loophole that could undermine the very purpose of electronic transmission...

“If the electronic copy is not treated equally, its value as an accountability and verification mechanism could be diminished...

"Making it optional or conditionally applied weakens its deterrent effect,” the organisations noted.

According to them, “The designated election official shall electronically transmit all election results in real time, including the number of accredited voters, directly from the polling units and collation centers to a public portal and the transmitted result shall be used to verify any other result before it is collated.

“The details matter. The credibility of future elections depends on getting Clause 60(3) right,” the statement declared.

They warned that leaving room for discretion in results management could reopen avenues for manipulation between polling unit declaration and final collation.

Although the civil society groups acknowledged that the polling unit results are legally significant, they however, further expressed concern over the designation of Form EC8A as the “primary source” of election results, arguing that elevating Form EC8A without granting equal legal weight to electronically transmitted results could weaken transparency safeguards.

They maintained that electronic transmission was not symbolic reform but a structural safeguard designed to create an immediate, verifiable audit trail.

The civil society groups urged the Conference Committee of the National Assembly to adopt the House of Representatives’ provision on mandatory electronic transmission.

They also called for the adoption of the House’s approval for downloadable missing and unissued voter cards to prevent potential disenfranchisement.

On electoral timelines, the coalition strongly recommended retaining existing provisions in the 2022 Electoral Act and the House bill, including 360 days for notice of elections, 180 days for submission of candidate lists, and 150 days for publication of nominations by INEC.

They further demanded meaningful participation of civil society actors and technical experts in the conference committee deliberations following consistent demand by Nigerians for transparent and credible elections.

Acknowledging further that, the Senate’s reversal of its earlier position was proof that sustained civic pressure yields results, they also, insisted that vigilance remained critical.

They called on Nigerians, civil society groups, the media, technology experts, political parties and citizens to remain engaged as the legislation moves through the conference process.