Closing the Ambiguity of 2023
The fallout of the 2023 presidential election results collation continues to reverberate in legislative chambers, as lawmakers across party aisles push forward a comprehensive amendment to the Electoral Act 2022.
The focal point of the new draft bill is Section 60 and Section 64, which previously granted the Independent National Electoral Commission (INEC) discretion regarding the mode of results collation—a loophole that was central to legal challenges resolved by the Presidential Election Petition Tribunal and the Supreme Court.
Proposed Amendments Key Highlights:
- **Mandatory Instant Upload:** Presiding Officers at all 176,846 polling units will be statutorily mandated to transmit electronically scanned copies of Form EC8A using the Bimodal Voter Accreditation System (BVAS) to the INEC Result Viewing (IReV) portal before moving to ward collation centres. - **Nullification Clause:** In any ward or constituency where the physical return conflicts with the digitally archived EC8A without verified network outage logs certified by the Nigerian Communications Commission (NCC), the physical return will be deemed inadmissible. - **Sanctions for Collation Officers:** Criminal penalties, including mandatory imprisonment without option of fine, for any returning officer who declares a winner while presiding over an unverified tally.
Stance of Major Parties
- **Opposition (PDP, LP, NNPP):** Strong endorsement of the reform. Lawmakers argue that transparent digital audits are essential to restore public faith ahead of 2027. - **Ruling APC Bloc:** Divided opinions. While reform-minded members welcome enhanced transparency, others caution that rural cellular coverage deficits across riverine and arid border regions could inadvertently disenfranchise legitimate voters if upload timing is made rigid.
The Joint Senate and House Committee on Electoral Matters is scheduled to hold public hearings across the six geopolitical zones next month.