Eyes on Buhari to sign electronic transmission of results, INEC says ready

With Tuesday passage of the Electoral Act (Repeal and Re-enactment) Bill 2021 by the Senate, empowering the Independent National Electoral Commission (INEC) to transmit election results electronically, all eyes are now on President Muhammadu Buhari, to sign the new electoral bill into law.

INEC, reacting to the passage of the bill which saw the Senate reversing its earlier decision subjecting the commission to the authority of the Nigerian Communication Commission (NCC) and approval of the National Assembly, insisted that it had “adequate structures and processes” to transmit results of elections in the country electronically.

It also said while it had the capacity to electronically transmit the result of the November 6 Anambra State governorship election, the nation’s existing laws only allowed manual collation.

Rotimi Oyekanmi, the Chief Press Secretary to INEC Chairman, Prof Yakubu Mahmood, in an interview said notwithstanding the fact that the commission had the capacity to transmit election results electronically, INEC would still wait until after President Buhari had assented to the amendments by the National Assembly.

He said: “The Independent National Electoral Commission has developed adequate structures and processes to successfully undertake electronic transmission of result.

“We believe that the technology and national infrastructure in the country at the moment are adequate to support it.

“The commission has the capacity to transmit the Anambra governorship election results electronically, given the opportunity.

“However, let us not forget that the subsisting law stipulating manual collation of results has neither been repealed nor changed at this point.

“The amendments being undertaken at the moment would still have to be transmitted to Mr. President for his assent.”

Senate explains U-turn on electronic transmission

Justifying its U-turn on electronic transmission of results, the Senate explained that its decision to subject the amended clauses of the bill to re-committal was reached after a critical examination by the Senate Committee on INEC.

The chamber added that some fundamental issues which required fresh legislative actions were observed by the Senator Kabiru Gaya-led INEC Committee in the bill.

Accordingly, the chamber in a bill for re-committal, re-amended certain aspects of the bill contained in clauses 43, 52, 63 and 8.

The upper chamber in Clause 52 of the Electoral Act (Amendment) Bill passed almost three months ago, had approved that “the Commission (INEC) may consider the electronic transmission of results, provided the national coverage is adjudged to be adequate and secure by the National Communications Commission and approved by the National Assembly.”

The Senate’s position contradicted that of the House of Representatives, which gave INEC the go-ahead to adopt electronic transmission of results. It also came under heavy criticism by INEC and other stakeholders over its decision.

READ: Senate bows to pressure, says INEC can transmit results electronically

However, the Senate, on Tuesday amended the clause when the bill was subjected to re-committal to provide that, “subject to section 63 of this bill, voting at an election and transmission of results under this bill shall be in accordance with the procedure determined by the Commission (INEC).”

The Senate also approved direct primaries for political parties, amending clause 87 which earlier allowed for either direct or indirect primaries.

Clause 87 has to do with nomination of candidates by parties.

It now reads, “Clause 87. (1) “A political party seeking to nominate candidates for elections under this bill shall hold direct primaries for aspirants to all elective positions, which shall be monitored by the commission.”

In indirect primaries, party members elect delegates who in turn elect the party’s candidates on their behalf.

But in direct primaries, registered members of the party vote for who they want to be their candidates. Delegates are not involved.

Members of the Conference Committee on the Electoral Act (Amendment) Bill 2021, are expected to meet with their counterparts in the House of Representatives to harmonise the two versions passed by both chambers.