The recent call by the Senate for the amendment of the extant electoral laws to ensure the mandatory electronic transmission of election results from the 2027 general election is a good development. It will definitely remove the doubts arising from the manual transmission of election results. The amendment, according to the lawmakers, will also pave the way for unbundling of the Independent National Electoral Commission (INEC) as well as ensure Diaspora voting. That was part of the communiqué issued at the end of a two-day retreat organised for Senators by the National Institute for Legislative and democratic Studies in Ikot-Ekpene, Akwa Ibom State.
While lending his support for the Senate’s proposal, former Chairman of INEC, Prof. Attahiru Jega, who spoke at the event, suggested that the chairman of the electoral agency should not be appointed by the president henceforth. Specifically, Jega called for a review of the process of appointment into INEC to divest or minimise the involvement of the president in the appointment of Chairman and National Commissioners of INEC. This, he said, will free the commission from the negative perception of “he who pays the piper dictates the tune.”
One of the complaints against the conduct of the 2023 presidential election was the inability of INEC to transmit election results electronically in real time as promised by INEC Chairman, Prof. Mahmood Yakubu due to the so-called technical glitches. The non-transmission of the election results electronically might have so much affected the credibility of the 2023 polls.
The lawmakers also believe that Diaspora voting will give Nigerians living outside the country the opportunity to participate in the election of their president. For years, the campaign for Diaspora voting by some Nigerians and civil society groups has been on course.
The call for the amendment of the electoral laws to ensure that election results are transmitted electronically is timely and commendable. The lawmakers should set the process of such amendment in motion and ensure that the amendment is effected early before the 2027 general election. It has, indeed, become a pattern that after every election cycle, there will be a call for further amendment of the electoral laws to correct the anomalies of the recent elections. At the same time, there is nothing bad to amend a law if there is manifest ambiguity in any of the sections of the law.
For instance, the lawmakers had identified such ambiguity in Section 64 of the Electoral Act 2022 in relation to the use of technology in elections. This ambiguity can lead to misinterpretation and manipulation of election results. This is probably why the 2023 presidential election outcome had become the most acrimonious and contentious in the history of elections in Nigeria since 1999.
The lawmakers further stated; “Uploading of polling unit-level results and result sheets used at different levels of result collation should also be mandatory.” On diaspora voting, the lawmakers said: “INEC should introduce diaspora voting, at least for the presidential elections, to enable citizens to vote, especially those on essential service abroad, such as military, paramilitary, and other security personnel abroad, embassy staff and other citizens.”
All the proposals for the amendment of the electoral laws and appointment of INEC Chairman and National Commissioners are well made. Therefore, the lawmakers should hasten the move to amend the affected sections of the electoral laws and factor into it the input of other Nigerians.
We believe that the mandatory electronic transmission of election results will improve the quality, transparency and acceptability of our electoral outcomes. It will also reduce the number of litigations emanating from our elections at every election season. The 2023 election season attracted the most litigations in the history of elections in the country. It will equally curb the winners of our elections being determined by the courts. The confidence in the judiciary has eroded over the years on account of electoral judgements generally adjudged to be faulty and not in line with the reality on the ground.
The review of the electoral law should include the resolution of all election cases before swearing-in the winners. This will prevent winners of election from interfering in the judicial process. The current practice of swearing-in the winners while the election disputes are on encourages impunity and undue interference.
We also agree with the lawmakers that the unbundling of INEC will make it more effective. The case for diaspora voting is long overdue. Nigerians outside the country should be allowed to vote. Other countries allow diaspora voting, Nigeria should follow suit. Above all, INEC needs to be truly independent for our elections to be free from official meddlesomeness. Reviewing our electoral laws is good but its strict implementation is the most important.