INEC’s position on e-transmission of election results

…Explains the ‘four phases of electronic voting’

….Highlights ‘some misconceptions about electronic transmission of results’
By Jide Ajani, General Editor
Based on the recent controversy surrounding the amendment of the Electoral Act of 2022, specifically regarding electronic transmission of election results (with a proviso to fall back on manual transmission), Vanguard is now in possession of a 2021 Official Position of Nigeria’s Independent National Electoral Commission, INEC.

The report, which predates today’s controversy, was signed by Professor Mahmood Yakubu on Thursday, September 9, 2021, and demonstrates that INEC already has the capacity to transmit election results electronically, contrary to the misconceptions popularised by the current members of Nigeria’s National Assembly.


Mind you, ‘Paragraph 15 of Part 1 of the Third Schedule to the 1999 Constitution sets out the powers of INEC. It provides that INEC shall organize, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and the membership of the Senate, the House of Representatives, and the House of Assembly of each State of the Federation amongst other regulatory powers.


‘This includes the powers to issue regulations and guidelines as to the date and order of elections, the voting procedure including the transmission of election results. Section 158 of the Constitution provides that INEC is to exercise these powers independently not subject to direction or control of any authority or person.’


The recent controversy over the capacity of INEC to effectively transmit election results electronically had been laid to rest by INEC’s report of 2021.


However, the National Assembly members have amended Clause 60(3) of the Electoral Act 2026 to accommodate a backup scenario of manual transmission of results in the event that electronic transmission fails because of network failure.


Experts, including former Resident Electoral Commissioner, REC, Mike Igini, have warned that the proviso may become the norm, as was the case with incident forms in 2015 and 2019.


The 25-page report explains the Objectives, Why Electronic Transmission of Results, the four Phases of Electronic Voting and how the Commission has conducted More Than a Decade of Pilot.

It also explains its Engagement with the Nigeria Communications Commission, NCC, as well as the Mobile Network Operators MNO.



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