Key stakeholders in Nigeria’s electoral process, including former officials of the Independent National Electoral Commission (INEC), top politicians, opposition parties, analysts and civil society groups, have raised concerns over potential risks in the new electoral amendment signed into law by President Bola Ahmed Tinubu on Wednesday.
The legislation was passed a day earlier by both chambers of the National Assembly following intense debate, with opposition lawmakers pushing unsuccessfully for mandatory real-time electronic transmission of polling-unit results to the IReV portal.
Tinubu assented to the bill at the Presidential Villa in the presence of Senate President Godswill Akpabio, House Speaker Abbas Tajudeen and other top government officials.
Read also: We didn’t promise real-time results transmission INEC
After signing, the president urged the electoral commission and other implementing agencies to ensure the new law is applied effectively and without technical failures.
Section 60 of the new Act which focuses on counting of votes and forms as well as transmission of results remains the most contentious issue for debate.
Section 60 (1-5) of the Act obtained by BusinessDay, says: “(1) The Presiding Officer shall after counting the votes at polling unit, enter the votes scored by each candidate in a form prescribed by the Commission.
“(2) The form shall be signed and stamped by the Presiding Officer and countersigned by the candidates or their polling agents where available at the polling unit.
“(3) The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding officer and/or countersigned by the candidates or Polling agents where available at the Polling Unit.
“Provided that if the electronic transmission of the result fails as a result of communication failure and it becomes impossible to transmit the result contained in form EC8A signed and stamped by the Presiding Officer and countersigned by the candidates or polling agents where available at the polling unit, the form EC8A shall remain the primary source of collation and declaration of the result.
“(4) The Presiding Officer shall count and announce the result at the poling unit. (5) The Presiding officer shall transmit the results including total number of accredited voters to the next level of collation.”
But experts have argued that the transmission of results through manual and electronic means as guaranteed by section 60 (3) of the new Act does not align with the aspirations of Nigerians.
Some former top officials of INEC have equally flagged risks in the new Act signed by the President.
Mike Igini, former Resident Electoral Commissioner of INEC had urged President Tinubu to withhold assent to the Electoral Act (Repeal and Re-Enactment) Bill 2026, warning that signing it into law could destabilise Nigeria’s electoral system.
Featuring on Arise Television, Igini described the bill as “a recipe for chaos,” particularly criticising Clause 60, which he said weakens the guarantee for real-time electronic transmission of results.
“It is indeed my humble recommendation to Mr President that you are a man of history. What is put before you, take it back; don’t sign it,” he said.
Similarly, Oluwole Osaze-Uzzi, former Director of Legal and Public Affairs at INEC office, has expressed concern over the new Act, warning that the provisions therein, could weaken transparency and further erode public trust in the country’s electoral process.
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Speaking during an interview on Channels Television, Osaze-Uzzi dismissed concerns about network limitations, describing them as outdated. “That conversation has been done, dusted and dealt with,” he said.
“The grey area means a lot of things are not clear. Yes, we do have a hybrid. But we have gone way beyond the manual register several cycles ago. The BVAS reads not just the card but also the biometrics of the voter. Those are not manual processes; those are electronic processes.
“Between the polling unit and the collation, often times, there have been little things happening. At each level of collation, you see changes. You see manipulation,” he said.
Jide Ojo, political analyst, also warned that the new law could still trigger legal, financial and operational challenges as preparations begin for the 2027 general elections.
Chief Chekwas Okorie, elder statesman and former presidential candidate, has however, urged Nigerians to remain vigilant ahead of future elections, warning that technology alone cannot guarantee credible polls.
In a telephone interview with BusinessDay, Okorie acknowledged assurances by INEC on electronic transmission of results, noting that making portal data admissible in court could reduce reliance on manual collation.
However, he cautioned that technical failures, similar to those experienced in the 2023 elections, could still undermine public confidence if not properly managed.
He stressed that elections are ultimately decided at polling units, advising voters and political parties to prioritise strong grassroots monitoring and deployment of agents nationwide. Okorie warned that weak presence at polling units had previously disadvantaged some parties, citing gaps observed during the 2023 polls.
Chief Peter Ameh, former National Chairman of the Inter-Party Advisory Council, also criticised the National Assembly for failing to approve amendments that would make real-time electronic transmission of election results mandatory.
In a chat with BusinessDay, Ameh described the signing of the new document as a troubling signal for Nigeria’s democratic trajectory ahead of the 2027 general elections.
“The brutal tyranny of the majority, that’s exactly what the APC is shamelessly inflicting on the National Assembly right now. They are mortally afraid of transparent, credible elections because they are widely despised, thoroughly rejected, and utterly detested by the vast majority of Nigerians.
“The resolute, fed-up people will obliterate them at the ballot box. Majoritarian tyranny has no place in our democracy. The awakened people will crush and decisively defeat them come 2027,” he said.
ADC, PDP, NNPP fume
Reacting to the development, the African Democratic Congress (ADC) accused the ruling All Progressives Congress (APC) of undermining Nigeria’s democracy following the passage of the Electoral Act Amendment Bill by the National Assembly.
Bolaji Abdullahi, ADC spokesperson warned that the ruling party’s actions could threaten democratic norms.
In a post on X, Abdullahi alleged that despite having almost all state governors under its control, APC remained reluctant to allow genuinely free and fair elections.
The Peoples Democratic Party (PDP) haas also described the amendment of the electoral act by the National Assembly and the signing into law by President Tinubu as a huge betrayal of Nigerians.
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Similarly, Ini Ememobong, National Publicity Secretary of the PDP said the “anti-democratic stance” of the Senate and the sudden somersault by House of Representatives on the amendment of the Electoral Act 2022, specifically on the mandatory electronic transmission of election results from the polling units, was an act of treachery against the Nigerian electorate.
‘’This is a huge betrayal of the collective trust of Nigerians, who unambiguously expressed their overwhelming demand for the electronic transmission of results. This betrayal is most painful because it strikes the core of democracy, electoral sanctity.
‘’The shocking aspect of the whole drama is the brazen manner in which the legislators acted, they clearly showed disdain for the Nigerian people who voted them into office by openly challenging the supremacy of the voters,” he said.
’The excuses advanced for inserting this obnoxious proviso are weak, illogical, and insulting to the intelligence of Nigerians. When lawmakers begin to dilute transparency mechanisms ahead of elections, only one conclusion is rational, there is a calculated attempt to create room for electoral manipulation.
‘’By this act, the National Assembly has violated the foundation of legislative representation, which is anchored on mirroring the wishes of the majority of their constituents,” the party added..
Also, the NNPP spokesperson, Ladipo Johnson, questioned the speed of passage and assent, suggesting close alignment between the Presidency and the National Assembly.
