Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has called on the National Assembly to enshrine mandatory electronic transmission of election results in the Electoral Act before the 2027 general elections, warning that failure to do so would perpetuate legal uncertainty and undermine public confidence in Nigeria’s democracy.
In a statement titled “Ending the Cycle – Why Electronic Transmission Should Be Enshrined in the Electoral Act Before 2027,” Agbakoba argued that Nigeria’s electoral framework has long suffered from weak statutory backing for key processes, leaving courts to determine the fate of elections.
He noted that successive amendments to the Electoral Act have not resolved core challenges, resulting in what he described as a “vicious cycle” of disputed elections and prolonged litigation.
Agbakoba referenced the 2023 general election, during which the Independent National Electoral Commission (INEC) deployed the Result Viewing (IReV) portal for electronic transmission of results. However, the Supreme Court subsequently ruled that electronic transmission lacked binding legal force because it was not expressly provided for in the Electoral Act 2022, but only in INEC’s Regulations and Guidelines.
According to him, the court’s decision underscored the need for clear statutory provisions, as innovations not explicitly backed by law cannot be relied upon as admissible evidence in election petitions.
He further argued that the absence of legally binding electronic transmission imposes an overwhelming evidentiary burden on petitioners challenging election outcomes. Citing the 2005 Supreme Court case of Buhari v. Obasanjo, Agbakoba recalled the observation by the late Justice Niki Tobi (often referenced alongside similar concerns expressed by other justices) that a petitioner would need to call witnesses from hundreds of thousands of polling units nationwide—an almost impossible task within constitutionally prescribed timelines.
“This reality explains why no presidential election petition has succeeded since 1999,” Agbakoba stated, attributing the trend to structural and evidentiary limitations within the current legal framework.
Drawing historical comparisons, he pointed to the June 12, 1993 presidential election as a benchmark for transparency. Although conducted manually under the Option A4 system, he said the open verification of results at polling units fostered widespread public trust and international acclaim.
Agbakoba argued that embedding real-time electronic transmission in law would replicate and strengthen that transparency by creating tamper-proof digital records and enabling immediate verification of results in the modern era.
He described the ongoing legislative review of the Electoral Act as a critical opportunity for lawmakers to provide clarity and restore public confidence ahead of 2027.
“The National Assembly must act decisively to remove ambiguity and ensure that mandatory, real-time electronic transmission of results is clearly enshrined in the Electoral Act,” he said. “Democracy demands a framework that guarantees transparency, credibility, and respect for the will of the people.”
Observers say the debate over electronic transmission is likely to remain central to discussions on electoral reform as preparations for the next general elections gather momentum.
