The Pathfinder
Sunday, February 8, 2026
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The Nigerian Bar Association (NBA) has urged the National Assembly to amend the Electoral Act to make the electronic transmission of election results from polling units compulsory, rather than optional.
The call formed part of resolutions adopted by the NBA’s National Executive Council (NEC) at its meeting held on February 5, 2026, in Maiduguri, Borno State.
The resolutions were based on a report presented by the NBA President, Mr Afam Osigwe, SAN, who warned that the existing legal provisions allow excessive room for manipulation and uncertainty.
According to the NBA, the current wording of the law weakens electoral credibility and undermines public confidence in the democratic process.
The association specifically called for an amendment to Clause 60, Subsection 3 of the Electoral Act. The proposed amendment would make it a legal obligation for Independent National Electoral Commission (INEC) presiding officers to electronically transmit polling unit results to the INEC Result Viewing (IReV) portal in real time, immediately after Form EC8A has been duly signed and stamped by party agents.
At present, the law provides that results may be transmitted “in a manner as prescribed by the Commission,” a phrase the NBA said leaves critical aspects of the electoral process to discretion rather than statutory certainty.
The NBA NEC stressed that removing ambiguity from the law is vital to safeguarding votes and strengthening democratic accountability.
“Clear statutory compulsion, rather than discretionary language, is essential to guaranteeing electoral transparency, protecting the integrity of votes cast, and restoring public confidence in the electoral system,” the association stated.
It further described the Senate’s decision to retain the existing wording as a move that weakens democratic oversight.
Reacting to the controversy, Senate President Godswill Akpabio dismissed claims that the National Assembly had removed electronic transmission of results from the Electoral Act, describing such reports as false and misleading.
Akpabio explained that the Electoral Act of 2022 already empowers presiding officers to transmit election results electronically, adding that the law provides sufficient legal and operational clarity.
“Electronic transmission has not been removed from the law. The provisions of the 2022 Electoral Act remain in force, and presiding officers are still required to transmit results electronically as prescribed,” he said.
The Senate Minority Caucus also aligned with the Senate President’s position, noting that the Senate did not oppose the use of technology in elections.
Rather, it maintained that its position was aimed at ensuring a secure, standardized, and credible operational framework.
Despite these assurances, the NBA insisted that the presence of discretionary language in the law continues to pose a risk to the will of the electorate.
The association reaffirmed its resolve to sustain advocacy efforts until the Electoral Act is amended to reflect a mandatory, rather than optional, framework for electronic transmission of election results.
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