Electoral Act: Nigerian Lawmakers Vote by Division, Retain Electronic Transmission of Results as Optional

Abia South Senator, Enyinnaya Abaribe, had demanded that the Senate rescind its earlier decision and make electronic transmission of election results mandatory rather than optional.

The Senate on Tuesday voted by division to decide whether the electronic transmission of election results should be made mandatory or remain optional, as previously passed by the lawmakers.

The division was conducted during plenary and supervised by the Senate President, Godswill Akpabio.

Last Tuesday, the Senate amended the Electoral Act to accommodate the electronic transmission of results. However, the provision comes with a caveat that, in the event of internet failure, Form EC8A will serve as the primary means of result collation.

Despite the change, the amendment does not make electronic transmission mandatory. Instead, it allows results to be transmitted electronically while providing an alternative in cases of network failure.

Form EC8A is the primary document on which the presiding officer records the results immediately after votes are counted at a polling unit. In election petitions, courts often rely heavily on EC8A forms because they represent the first official record of votes at the source.

During plenary, Abia South Senator, Enyinnaya Abaribe, raised the matter and demanded that electronic transmission be made mandatory.

His motion led to a rowdy session lasting about five minutes, as senators from the majority caucus shouted in support of retaining the Senate’s earlier position. In contrast, members of the minority caucus insisted that transmission be made compulsory.

Amid the tension, the senate president directed that voting by physical division be conducted on the matter.

In parliament, division is a method of taking a vote that physically counts members’ votes.

Mr Akpabio ordered senators who supported the Senate’s earlier position to stand for a count. A total of 55 senators, including Deputy Minority Leader Oyewunmi Olalere and Adamawa North Senator, Amos Yohana, a member of the Peoples Democratic Party (PDP), voted to retain the optional provision.
Mr Olalere was acting as the Minority Leader at the time of the vote.

The senate president then directed those in favour of making electronic transmission mandatory to stand. Fifteen senators, including Mr Abaribe, Victor Umeh (Anambra), Natasha Akpoti-Uduaghan (Kogi), Ireti Kingibe (FCT), Seriake Dickson (Bayelsa), Aminu Tambuwal (Sokoto) and Abdul Ningi (Bauchi) voted in support.

Mr Akpabio subsequently announced that the Senate would retain its earlier position, making electronic transmission optional rather than mandatory.

He commended those who voted to support the Senate’s position, stating that they had acted to uphold Nigeria’s democracy and ensure that election results are properly collated.