The Nigerian Bar Association (NBA) has intensified calls on the National Assembly to urgently reverse the Senate’s recent decision on the Electoral Amendment Bill and pass a clear, enforceable amendment compelling the electronic transmission of election results. The Association warned that failure to do so would weaken electoral transparency, undermine democratic accountability, and further erode public confidence in Nigeria’s electoral system.
This position was formally adopted by the National Executive Council (NEC) of the NBA at its meeting held in Maiduguri, Borno State, on February 5, 2026. At the meeting, NEC considered and adopted a detailed report presented by the President of the Association, Mr. Max Afam Osigwe, SAN, which addressed the Senate’s rejection of a proposed amendment to Clause 60, Subsection 3, of the Electoral Amendment Bill.
The rejected amendment sought to make it mandatory for 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. Under the proposal, electronic transmission would take place immediately after Form EC8A had been duly completed, signed, stamped, and countersigned by party agents at the polling unit.
However, the Senate opted to retain the existing provision in the Electoral Act, which states that “the presiding officer shall transfer the results, including the total number of accredited voters and the results of the ballot, in a manner as prescribed by the Commission.” According to the NBA, this wording grants excessive discretion to INEC and fails to provide a firm legal obligation for real-time electronic transmission of results.
In its deliberations, NEC expressed deep concern that the Senate’s position significantly weakens the legal framework for transparent elections. The Council noted that discretionary language, rather than clear statutory compulsion, creates loopholes that can be exploited, fosters ambiguity in the management of election results, and fuels post-election disputes and litigation.
The NBA argued that Nigeria’s recent electoral history demonstrates the dangers inherent in unclear result transmission procedures. Allegations of manipulation often arise not from the voting process itself, but from the collation and transmission of results. NEC observed that when results are not transmitted transparently and in real time from polling units, public trust is compromised and the legitimacy of electoral outcomes is questioned.
In adopting the President’s report, NEC resolved that the National Assembly must urgently revisit Clause 60(3) and pass the proposed amendment to expressly mandate electronic transmission of results. The Council emphasised that enforceable legal provisions, rather than vague or discretionary ones, are essential to safeguarding the integrity of votes cast by Nigerians.
The NBA further stressed that credible elections are the bedrock of constitutional democracy. According to NEC, any legislative action that appears to dilute transparency or weaken accountability in the electoral process strikes at the heart of democratic governance. The Council warned that persistent resistance to mandatory electronic transmission of results sends a troubling signal to citizens and reinforces perceptions that the system is designed to benefit political interests rather than the electorate.
NEC also highlighted the global trend toward technology-backed electoral transparency, noting that electronic transmission of results has become a standard feature in many modern democracies. The Council maintained that Nigeria cannot afford to lag behind international best practices, particularly given its size, diversity, and history of contentious elections.
The NBA argued that technology, when properly regulated and transparently deployed, enhances electoral credibility by reducing human interference, limiting opportunities for manipulation, and providing verifiable audit trails. NEC insisted that fears often expressed about technology should not be used as an excuse to retain outdated systems that are more vulnerable to abuse.
Accordingly, NEC called on members of the National Assembly to demonstrate legislative responsibility, courage, and statesmanship by voting in favour of the proposed amendment. The Council urged lawmakers to prioritise the national interest and the integrity of Nigeria’s democracy over partisan or short-term political considerations.
The NBA reaffirmed its commitment to sustained engagement, advocacy, and public enlightenment on electoral reform. NEC pledged that the Association would continue to work with relevant stakeholders, including civil society organisations and the electorate, to ensure that Nigeria’s electoral laws clearly and unambiguously reflect the will of the people as expressed at the ballot box.
In conclusion, the NBA warned that the credibility of future elections depends largely on the clarity and strength of the legal framework governing result transmission. By mandating electronic transmission of results, the National Assembly has an opportunity to strengthen democratic institutions, restore public confidence, and reaffirm Nigeria’s commitment to transparent and credible elections. Failure to seize this opportunity, the Association cautioned, would be a disservice to democracy and to the Nigerian people.
