‘Dangerous insertions’: CSOs raise alarm over revised E-transmission clause

 

A coalition of civil society organisations has raised serious concerns over the Senate’s revised Clause 60(3) on the electronic transmission of election results, warning that vague provisions could erode electoral integrity.

At an emergency plenary on Tuesday, the Senate overturned its earlier rejection of electronic transmission and approved a revised clause allowing the electronic transmission of results from polling units.

The new provision makes electronic transmission mandatory “as long as it does not fail,” while designating Form EC8A as the primary source of election results. The Senate also expanded its conference committee from six to twelve members to match the size of the House of Representatives’ delegation.

In a joint statement signed by the Centre for Media and Society, The Kukah Centre, International Press Centre, Elect Her, Nigerian Women Trust Fund, TAF Africa, and Yiaga Africa, the groups welcomed the Senate’s reversal, describing it as a positive outcome of sustained public advocacy.

However, they warned that certain insertions in the revised clause could dilute the safeguards established under the 2022 Electoral Act.

The organisations described the conditional phrase “provided if it fails and it becomes impossible to transmit” as dangerously unclear, noting that the bill fails to define what constitutes failure, how such incidents should be recorded, or what verification standards would apply.

“In the absence of clear safeguards, this clause creates a loophole capable of defeating the very purpose of electronic transmission,” the statement said.

They cautioned that allowing discretion in the management of results could reopen pathways for manipulation between polling unit declaration and final collation.

The coalition also expressed concern over naming Form EC8A as the “primary source” of results. While acknowledging the legal importance of polling unit results, they argued that prioritising Form EC8A without giving equal legal status to electronically transmitted results could weaken transparency and accountability mechanisms.

“If the electronically transmitted copy is not accorded equal weight, its role as a tool for verification and accountability may be compromised,” the groups said.

They emphasised that electronic transmission is not a symbolic reform but a structural safeguard designed to provide an immediate and verifiable audit trail, warning that making it optional or conditional undermines its deterrent value.

The CSOs urged the National Assembly’s conference committee to adopt the House of Representatives’ provision mandating electronic transmission of results in real time.

They recommended a clause stating that designated election officials should electronically transmit all election results, including accredited voter figures, directly from polling units and collation centres to a public portal, with transmitted results used to verify all other records before collation.

The groups also called for the adoption of the House’s provision allowing downloadable missing and unissued voter cards to prevent disenfranchisement.

On electoral timelines, the coalition strongly advised retaining the existing provisions in the 2022 Electoral Act and the House bill—360 days for notice of elections, 180 days for submission of candidates’ lists, and 150 days for INEC’s publication of nominations.

They further demanded meaningful inclusion of civil society organisations and technical experts in the conference committee’s deliberations.

According to the coalition, Nigerians have consistently shown strong support for transparent and credible elections. While describing the Senate’s reversal as evidence that sustained civic pressure can yield results, they stressed that close scrutiny remains essential.

“The details matter. The credibility of future elections depends on getting Clause 60(3) right,” the statement said.

The groups called on Nigerians, civil society, the media, technology experts, political parties, and citizens to remain actively engaged as the bill progresses through the conference process