Transmission Of Results Is Fundamental, Must Be Resolved before 2027 Elections – Agbakoba

By Ayodele Oni

Senior Lawyer, Dr Olisa Agbakoba, SAN, has charged the National Assembly “to act decisively to embed mandatory real time electronic transmission of results in the Electoral Act.”

The senior advocate also advised that all ambiguity and  legal loopholes that have been exploited to undermine the people’s will in the act must be removed.

Agbakoba, in a statement, noted that “Nigeria’s electoral framework has been plagued by persistent legal uncertainty, forcing courts to determine election outcomes.

“This uncertainty stems from a fundamental failure: the absence of strong regulatory processes backed by express statutory authority.

“With every election cycle, we rush to amend the Electoral Act. Yet we continue to grapple with the same challenges, leading to continued rounds of amendments. This vicious cycle must end.

“The 2023 election exposed a critical gap in our electoral legal framework. Despite INEC’s deployment of the IReV portal for electronic transmission of results, the Supreme Court ruled that this innovation lacks legal force.

“The Court held that because electronic transmission is not expressly provided by the Electoral Act 2022 (appearing only in INEC’s Regulations and Guidelines), it is not legally binding.

“And that the IReV portal serves merely for public viewing and is not admissible evidence of results in election petitions. The message was unmistakable: without explicit statutory provision, electronic transmission remains optional and legally inconsequential, no matter how transparent or efficient it may be.

“The current legislative process represents a monumental opportunity for the National Assembly to resolve this fundamental issue before the 2027 general elections.

“Nigerians need a perfect framework for transparency and to restore confidence in the electoral process.

“Without this amendment, we risk perpetuating the same cycle of disputed elections, protracted litigation, and damaged democratic credibility that has plagued Nigeria’s Fourth Republic.