The Minority Caucus of the Senate on Thursday dismissed claims that the Senate rejected electronic transmission of election results, insisting that lawmakers approved electronic transmission during consideration of the Electoral Act amendment bill.

Speaking at a press briefing at the National Assembly, Senator Enyinnaya Abaribe, a former Minority Leader, said public criticism that followed the passage of the bill on Wednesday was based on a misunderstanding of both the legislative process and the specific wording adopted by the Senate.

“There has been criticism from Nigerians following the Senate’s passage of the Electoral Act Amendment on Wednesday,” Abaribe said, adding that the controversy centred on Clause 60 of the bill dealing with the transmission of election results.

At plenary, senators voted down a recommendation by the Senate Committee on Electoral Matters that sought to compel presiding officers to upload polling unit results to the Independent National Electoral Commission’s (INEC) IReV portal “in real time.”

The rejected recommendation states, “The Presiding Officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the Commission.

“The form shall be signed and stamped by the Presiding Officer and countersigned by the candidates or their polling agents where available at the polling unit.

“The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal in real time and such transmission shall be done after the prescribed Form has been signed and stamped by the Presiding Officer and /or countersigned by the candidates or polling agents where available at the polling unit.

“The Presiding Officer shall count and announce the result at the polling unit.

“The Presiding Officer shall transmit the results including total number of accredited voters to the next level of collation.”

Instead, the Senate retained the provision contained in the extant 2022 Electoral Act, which provides for electronic transfer of results in a manner prescribed by INEC after votes are counted and announced at the polling unit.

During the debate, Tahir Mongunu, the Senate’s Chief Whip drew attention to the wording of the law, stating that the chamber should retain the word ‘transfer’ as already enshrined in the 2022 Act.

His position was immediately seconded by Deputy Senate President Jibrin Barau, after which Senate President Godswill Akpabio hit the gavel, endorsing the retention of the existing provision.

The retained section of the Electoral Act provides that, “The Presiding officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the Commission as the case may be.

“The form shall be signed and stamped by the presiding officer and counter signed by the candidates or their polling agents where available at the polling unit.

“The presiding officer shall give to the polling agents and the police officer where available a copy each of the completed forms after it has been duly signed as provided under sub section 2.

“The presiding officer shall count and announce the result at the polling unit.”

Clarifying the Minority Caucus’ position, Abaribe said at the briefing, “Yesterday, the Senate did not, I repeat, did not reject transmission of results as contained in the 2022 Act.

“What we passed is transmission of results. The distinction is important. What is in the 2022 Act is ‘transfer’, but we do not want a law that is vague or capable of misinterpretation.

“We want a law that is clear, concise and unambiguous electronic transmission of results.”

He explained that the provision emerged from an extensive amendment process involving joint committees of the Senate and House of Representatives, with inputs from INEC and civil society organisations.

According to him, the joint committee held several retreats in Abuja and other locations, where stakeholders unanimously agreed that electronic transmission of election results was the preferred option, a position reflected in the reports submitted to both chambers.

Abaribe added that after the Senate Committee on Electoral Matters submitted its report, an ad hoc committee was constituted to further review it, and its outcome was later considered during a closed-door executive session.

“On the honour of all of us standing here, both the Senate electoral committee, the ad hoc committee and the executive session agreed on the provision for electronic transmission of results in real time,” he said.

He noted that confusion arose during plenary due to movements and side conversations in the chamber.

“Confusion arose due to movements and side conversations in the chamber, giving the impression that something different had been approved.

“We went back individually to confirm what was done, and we were reassured,” he said, adding that Senate President Akpabio also confirmed on the floor that electronic transmission of results was passed.

Abaribe further explained that the harmonisation committee set up to reconcile differences between the Senate and House versions of the bill has not yet commenced work.

“After plenary yesterday, we adjourned but did not return to pass the Votes and Proceedings, which is our rule.

“The harmonisation committee cannot meet without that document. There is still one more step the Senate must take.

“When we pass the Votes and Proceedings, we will insist that what we approved, electronic transmission is clearly reflected.”

He stressed that the issue transcends party lines.

“Free, fair and transparent elections are the backbone of democracy,” he said.

“If results are not transparent or the process is distorted, then it is not democracy.”

Corroborating Abaribe, Senator Abdul Ningi said, “The amendment process began as far back as September 2024 and involved about 27 public hearing sessions across the country,” describing it as “strange” that public opinion was being perceived as discarded.

Senators present at the briefing included Ireti Kingibe, Natasha Akpoti-Uduaghan, Aminu Tambuwal, Victor Umeh, Abdul Ningi, Tony Nwoye, Ogoshi Onawo, Peter Jiya Khalid Mustapha, Austin Akobundu and Binos Yaroe.

Earlier on Wednesday, shortly after the passage of the bill following a marathon session that lasted about four and a half hours, Akpabio had also insisted that the Senate did not reject electronic transmission of results.

Responding to reports circulating online, he said, “Distinguished colleagues, the social media is already awash with reports that the Senate has literally rejected electronic transmission of results. That is not true.

“What we did was to retain the electronic transmission which has been in the act and was used in 2022.

“So please, do not allow people to confuse you. If you are in doubt, we will make our final votes and proceedings available to you if you apply.

“This Senate under my watch has not rejected the electronic transmission of results. It is in my interest as a participant in the next election for such to be done. So please don’t go with the crowd.

“We have retained what was in the previous provision by way of amendment. That was all we did. The previous provision has made allowance for electronic transmission. So it is still there as part of our law. We cannot afford to be going backwards.”

The Issue of electronic transmission of results has remained one of the most sensitive aspects of Nigeria’s electoral reforms since the 2023 general elections, with civil society groups and opposition parties pushing for clearer legal backing to strengthen transparency and public confidence in the electoral process. (BusinessDay)

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