Electoral Act amendment: Kukah Centre, Yiaga Africa, TAF, 4 other CSOs want Reps’ version of electoral act

Photo: Coalition members at the briefing

By: Mandy Park

…Insist on real-time e-transmission of election results

A coalition of civil society organisations (CSOs), including the Centre for Media and Society (CEMESO), The Kukah Centre, International Press Centre (IPC), Elect Her, Nigerian Women Trust Fund, TAF Africa and Yiaga Africa, have risen against members of the Senate, demanding immediate action on some sections of the 2025 Electoral Bill, particularly the sections that deal with electronic transmission of election results from the polling unit to a dedicated server for transparency and accountability.

At a press conference, in Abuja, yesterday, Jake Epelle, the Chief Executive Officer of TAF Africa, told journalists that the CSOs were deeply concerned with the Senate’s rejection of electronic transmission of election results, as well as the use of downloaded missing or unissued voter cards for elections and shortening of critical electoral timelines.

The spokesperson of the Coalition of Civil Society, Dr. Jake Epelle(M) and other members of the coalition, during a press briefing on Harmonization of the Electoral Bill by the National Assembly on Monday.

Epelle noted that the Senate also removed the proposed 10-year ban for offences related to the buying and selling of Permanent Voters’ Cards (PVC), stressing that the divergence between the Senate and the House of Representatives on the amendments has profound implications for the integrity of the 2027 general elections.

 

He insisted that electoral reform is not merely a procedural exercise; but foundational to the credibility, transparency and predictability of democratic transitions. “Hence, the protracted amendment process has created legal uncertainty that delays INEC’s constitutionally mandated electoral preparations, potentially compromising the Commission’s ability to conduct credible elections.

“The delay in concluding the electoral amendment obviously introduces legal uncertainty that may compromise preparations for the 2027 elections. Hence, we strongly recommend that the conference committee adopts the House of Representatives’ position mandating ‘real-time’ electronic transmission, with a modification addressing technological specificity.

“We acknowledge the Senate’s decision to convene an emergency plenary session on Tuesday, February 10. While it is widely believed that the sitting is convened to address matters related to the electoral amendment, we urge the Senate to utilise the opportunity to adopt unambiguous provisions through its votes and proceedings that explicitly adopts mandatory, real-time electronic transmission and collation of results, downloadable missing and unissued voter cards and retention of timelines for notice of elections, submission of list of nominated candidates and publication of list of candidates by INEC.”

He thus appealed to the conference committee members to approach the harmonisation deliberations guided by national interest, institutional integrity and democratic accountability rather than narrow partisan calculations.

“We reiterate our recommendation that the National Assembly should expeditiously conclude the amendment process and transmit the final bill to the President within two weeks.

“As key stakeholders in the electoral process, we urge citizens and all stakeholders to demand accountable representation from their legislators in the National Assembly by pressuring them to prioritise the public interest and the integrity of the elections by passing the provisions on real-time electronic transmission of election results, curtailing the disenfranchisement of voters by introducing downloadable PVCs and resisting any attempt to weaken established timelines that are crucial for conducting credible elections.

“We advocate that the conference committee adopt the position of the House of Representatives on the Electoral Bill, which approves downloadable missing and unissued voters’ cards. Data from INEC’s 2023 general election cycle indicate that approximately 6.2 million registered voters failed to collect their PVCs, resulting in massive disenfranchisement despite completed registration. Downloadable PVCs eliminate such barriers to voter participation.

“Regarding electoral timelines, we strongly recommend retaining current provisions which is 360 days for notice of elections, 180 days for submission of candidate lists and 150 days for publication of nominations by INEC.

Compressing these timelines increases logistical risk, constrains ballot paper production and distribution and heightens the chances of operational failures.

 

“On restricting the filing of reports to INEC officials to activate the review of election results, Section 65 of the Electoral Bill empowers INEC to review election results within seven days where declarations are made under duress, or in violation contrary to procedures for result collation prescribed in the bill.

“However, the bill provides that all reviews of elections shall be conducted only when a report is filed by an INEC official. This provision bars political parties, candidates, accredited observers and their agents from activating the review process, even where they tender compelling evidence of a manipulated and unlawful results declaration.

“Restricting the power of review to reports filed by INEC officials, some of whom may be complicit, is against the spirit behind the power of review vested in INEC. Evidence from recent elections revealed instances of INEC officials actively undermining elections.

“Election petition tribunal judgments from 2023 include multiple findings of Returning Officers announcing results under political pressure, Collation Officers falsifying result sheets and Presiding Officers colluding with party agents to manipulate figures.

“We, therefore, recommend that the scope of persons eligible to file reports should be broadened to include political parties, candidates, accredited party agents and observers present during collation of results. This multi-stakeholder approach creates distributed accountability mechanisms that reduce vulnerability to administrative or process capture.”

Meanwhile, the Executive Director, Yiaga Africa, Mr. Samson Itodo, warned against a legal crisis that might arise with the long delay in fixing the Electoral Act ahead of 2027 general elections.

He, however, encouraged INEC to go ahead and release a timetable for the 2027 general elections, so that all the parties can make adequate plans for the polls.

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