Chairman of the Nigerian Bar Association (NBA) Electoral Reform Committee, Dr Monday Onyekachi Ubani, has urged the Senate to clearly define what constitutes “communication failure” in the proposed amendment to the Electoral Act, cautioning that vague language could open dangerous loopholes capable of undermining the credibility of the 2027 general elections.
Speaking during an interview on ARISE News on Saturday, Ubani acknowledged that both the House of Representatives and the Senate have passed their respective versions of the amendment bill. However, he stressed that key grey areas must be resolved during the harmonisation process to prevent fresh disputes, conflicting interpretations, and prolonged post-election litigation.
Central to his concerns is the Senate’s introduction of the term “communication failure” as a basis for fallback procedures in election result transmission.
“The issue of communication failure that the Senate has introduced — please, can we define it properly?” Ubani asked. “Who determines it? What constitutes communication failure and all that? That should be properly defined to avoid issue of prolonged litigation without arriving at a solution.”
He warned that without a precise statutory definition, the phrase could be manipulated to justify delays or deviations from mandatory electronic transmission of results, thereby eroding public confidence.
Ubani explained that the House of Representatives’ version of the amendment contains clearer and more robust provisions on electronic transmission. According to him, the House explicitly provides for mandatory electronic transmission of election results and makes specific reference to the INEC Result Viewing Portal (IReV).
“The version of the House of Reps agreed with the issue of mandatory transmission,” he stated. “The House of Reps agreed with mentioning specifically IReV in the law. And the third one is that it’s going to be real time.”
He elaborated that under the House proposal, once results are announced at a polling unit, they must be transmitted immediately in the presence of party agents and voters.
“Immediately the result is announced at the polling unit, it will be transmitted in the presence of all the polling unit agents and all the people that came to vote. That is the real time,” he said.
By contrast, Ubani noted that the Senate version does not expressly use the term “real time,” a difference he said has generated suspicion among stakeholders.
“In the case of the Senate, the Senate said you transmit when the presiding officer has signed and it is countersigned either by the person contesting the election or his agent,” he explained. “It did not say when that transmission will take place.”
According to him, the omission leaves room for varying interpretations.
“So it gives room for people now to say maybe they didn’t use the word real-time. Maybe it will be two or three days later or three hours later that the presiding officer will upload. That is the difference,” he said.
Ubani urged lawmakers to eliminate any ambiguity by inserting clear language mandating immediate transmission.
“Can we use the word that it must be done immediately after the results have been announced and signed?” he asked. “Why do we have to wait to do it another two hours or one week later? Let’s put the word immediately that result has been announced. The next thing is to transmit it.”
While acknowledging that the Senate introduced a fallback provision permitting manual processes where electronic transmission is not feasible, Ubani said safeguards must be strengthened.
“In case transmission is not feasible because of some problem that may occur in the process at the time of election, we will allow the physical form to be used in the collation center and it will form the primary source of information for collation,” he explained.
However, he pointed out that even under the current legal framework, collation remains fundamentally manual, regardless of electronic transmission.
“Mind you, both electronic transmission that everyone is clamoring for and the manual, it is still manual collation in our law. Nothing has changed,” he said.
Ubani argued that genuine reform must go beyond transmission to address vulnerabilities at collation centres, where results are aggregated and often contested.
“Collation must be done by IReV too,” he proposed, advocating for electronic collation alongside electronic transmission to reduce opportunities for human interference.
He also underscored the critical role of political party agents in safeguarding electoral integrity. According to him, only educated and legally informed individuals should serve as collation agents.
“Whoever is going to be the collation agent of any politician must be educated and know the law,” he stated.
Ubani stressed that party agents must retain copies of polling unit results to challenge discrepancies during collation.
“If you know the law, make sure you keep a copy of your polling unit result, which you will give to your collation agent who will be at the local government or ward level in order to make sure that whatever they are collecting, whatever they’re adding, is what happened at the polling unit,” he said.
He argued that Nigeria’s push for technological reforms in elections is driven less by efficiency and more by the need to curb manipulation.
“We’re not clamoring for technology in Nigeria because we want efficiency to be improved,” he said. “We are clamoring because of the fact that we are very corrupt and we do not want things to be done improperly.”
Looking beyond 2027, Ubani called for more ambitious reforms, including electronic voting and fully electronic collation systems.
“For future elections, for future electoral framework, let’s begin to look towards electronic voting. It is possible. There is nothing that is impossible,” he said.
As the harmonisation committee prepares to reconcile differences between the House and Senate versions of the amendment bill, Ubani insisted that clarity, precision, and transparency in drafting are essential to restoring public trust.
“Please, they should address it because it will reduce the level of anxiety on the part of Nigerians,” he concluded.
With the 2027 general elections on the horizon, stakeholders agree that the final shape of the Electoral Act amendment will play a decisive role in shaping the credibility and stability of Nigeria’s democratic process.
