Abuja, Nigeria – The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has called on the Senate to reconsider and reverse its recent decision on the Electoral Act amendment, insisting that lawmakers must vote to make real-time electronic transmission of election results a mandatory requirement across the country.
In a strongly worded statement issued on Saturday following its meeting in Borno State, the NBA adopted a detailed report presented by its President, Afam Osigwe, SAN, which urged the National Assembly to approve the proposed amendment to Clause 60, Subsection 3 of the Electoral Amendment Bill. The amendment seeks to compel presiding officers of the Independent National Electoral Commission (INEC) to electronically transmit polling unit results in real time to the INEC Result Viewing (IReV) portal immediately after the collation, signing, stamping, and countersigning of Form EC8A by party agents.
The NBA’s position comes after the Senate, during its consideration of the Electoral Act amendment, deliberately retained the existing discretionary language in the principal Act. That provision allows presiding officers (POs) to transmit results—including the total number of accredited voters and ballot results—“in a manner as prescribed by the commission,” rather than imposing a strict, real-time electronic obligation.
The association expressed deep concern that the Senate’s retention of this flexible wording undermines the foundation for genuine electoral transparency. According to the NBA, such ambiguity creates fertile ground for manipulation, delays, discrepancies, and post-election litigation, all of which have historically eroded public trust in Nigeria’s democratic process.
“In adopting the President’s report, NEC resolved that the National Assembly must urgently revisit and pass the proposed amendment to Clause 60(3) to expressly mandate electronic transmission of results from polling units,” the statement read.
“NEC emphasised that clear statutory compulsion, rather than discretionary phrasing, is essential to guaranteeing electoral transparency, protecting the integrity of votes cast, and restoring public confidence in Nigeria’s electoral process.”
The NBA argued that mandating real-time electronic transmission would significantly reduce opportunities for alteration or suppression of results at the polling unit level—the most critical stage of the electoral chain. The IReV portal, introduced by INEC ahead of the 2023 general elections, was designed precisely to allow citizens, political parties, observers, and the media to view scanned copies of result sheets as they are uploaded. However, the lack of a clear legal requirement has led to inconsistent compliance, with some presiding officers failing to upload results promptly or at all, fueling widespread allegations of rigging and undermining the credibility of outcomes.
The association reminded lawmakers that the push for mandatory electronic transmission enjoys broad support among civil society organisations, election observers, legal practitioners, and ordinary Nigerians who have long demanded reforms to address recurring flaws in the electoral system. The NBA stressed that the Senate has a responsibility to demonstrate legislative courage and responsibility by aligning the law with technological realities and the expectations of the electorate.
“It is imperative that the National Assembly demonstrates legislative responsibility by taking the right steps towards compelling the electronic transmission of election results through their votes,” the statement added.
The NBA further reaffirmed its commitment to sustained advocacy and engagement on electoral reform. The association vowed to continue working with stakeholders—including political parties, INEC, civil society, and the public—to ensure that Nigeria’s electoral framework fully reflects the will of the people as expressed at the ballot box.
President Afam Osigwe’s report, which formed the basis of NEC’s resolution, was the culmination of extensive consultations within the NBA’s constitutional and electoral law committees. The report highlighted global best practices, including jurisdictions where real-time digital transmission has become standard and has demonstrably reduced electoral disputes and enhanced voter confidence.
The call from the NBA adds significant weight to the ongoing national debate on electoral integrity. It comes at a time when preparations for future elections—including off-cycle governorship polls and the 2027 general elections—are already underway, and when public skepticism about the reliability of manual collation processes remains high.
Legal experts and election observers have long pointed out that while the Electoral Act 2022 introduced important innovations—such as early commencement of accreditation and result transmission provisions—the absence of a binding obligation for real-time electronic upload has left critical gaps. The NBA’s intervention underscores the view that only explicit statutory compulsion can close these gaps and prevent future manipulation.
The Senate’s decision to retain discretionary language has drawn criticism from multiple quarters, including civil society groups and opposition parties, who argue it represents a missed opportunity to strengthen democratic institutions. Proponents of the amendment maintain that mandatory transmission would align with the spirit of technological advancement and the constitutional guarantee of free, fair, and credible elections.
As the amendment process continues in the National Assembly, the NBA’s resolution serves as a clear and authoritative call to action. The association has positioned itself as a leading voice in the push for electoral reform, pledging to maintain pressure on lawmakers until the law reflects the highest standards of transparency and accountability.
The statement concluded by urging all stakeholders to support the cause of credible elections, describing it as essential to the survival and deepening of Nigeria’s democracy.
