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Presidential elections: INEC can’t change the rules, not uploading election results fatal – Aondoakaa
“Non-transmission of results is a problem because INEC rules have constitutional flavour. If you make rules, you must follow it. And there is a Supreme Court decision that says that INEC is duty bound to obey their own guidelines and if they don’t it is a violation of the electoral act and the constitution.”
These were the exact words of Michael Aondoakaa, former Attorney General of the Federation and Minister of Justice (AGF-MoJ), on Tuesday, as he weighed in on the current political situation in the country, particularly the outcome of the 2023 general election and the ongoing challenges instituted in court following the hiccups that trailed the outcome.
Aondoakaa bemoaned a situation where petitioners usually abandoned challenging the processes, procedures and guidelines that led to the elections, in preference to the results alone, saying that this had not been helpful adding that those who perpetrated electoral infractions must be punished alongside cancellation of such elections as a deterrent.
The former Minister, who was a guest of The Morning Show, a breakfast programme on Arise Television on Tuesday, said: “Our attitude has always been to scrutinise the outcome of the result. This person scored this number and that person scored this and therefore the infractions that occurres are targeted on the result – who has the majority. But the main corruption that occurs in an electoral process is the refusal to follow the procedures that leads to that result.
“Nobody will complain of an election if the procedure leading to that result that produced the winner is followed. Nobody will complain. If you see all the complaints, it is that the procedure that is supposed to follow like this, is not done. All the election cases, the complaint may not be about the overall result. But if you go to court the target is prove whether this overall result is correct or not forgetting that the main corruption is within the foundation upon which those results occur.
“An opportunity has come for the court to give a direct interpretation of that and, which is inbetween the two-thirds of the federation and the the Federal Capital. If they say it is conjunctive, it means that it is otherwise. But apart from this two rules, there is also the mischief rule with which the court can override what I’m saying and try to look at what is the purpose of what is going to happen, what is the mischief. The Supreme Court is a court of policy and law. So, they may decide to look at other things differently.
“The emphasis from us lawyers has been the way we present our petitions and the judges cannot go out of their way from what is presented to them. In most cases we go to court and we say at the conclusion, declare us the winner because we won majority of lawful votes. Basically the judge will not concern himself with the lawful votes and who has the majority of the lawful votes.
“We have not said nullify elections on the grounds that the procedure has not been followed to give the court an opportunity to say, look, you said this has to be done before an election could be said to be credible. You have not done so and so we nullify the election on that score. Most of the petitioners and us, our desire is to be declared the winner. And what we canvass in the court is what the court gives us. We lawyers, sometimes we fear to attack the procedure, because if we do that, we also will not be declared the winner and the election will have to be done afresh.
“But, the procedure is more important than the result or as important as the result because a corrupt procedure has already corrupted the electoral process and then violates the constitution because there cannot be a free and fair election otherwise. For instance, if INEC says, if I finish my election at the polling booth I’ll declare my result there and transmit the result first, then I’ll take the results to the collation centre and INEC does not do that, has it followed the procedure?
“These are the way we have to clean the system, because we cannot build a house without a foundation. Take the issue of Adamawa. Look at how the procedure was about to be violated and look how they had come back and do the right thing. But the initial move was I don’t care. Once I announce the results let them go to court.
“This is the time we should lay a solid foundation in this country. Look at the procedure. The Supreme Court has said in several cases that if there is a procedure of doing something and you deviate from that procedure, the end result should be vitiated. If there is a procedure to conducting an election and suddenly it is deviated from, don’t you think that it is important for us as lawyers to attack these procedures and make sure the right thing to be done.
“I thought we should not be in a haste to say let us do everything and finish before May 29. I said, let us invite the court to say let us look at these procedures and give us a verdict whether these procedures have substantially affected the results of these elections. Let us hear what the court will say. If they say it has substantially affected the results, then next time people will not do it.
“By common sense, there could be unforeseen circumstances, which if it happens, you tell the people what happened. But you keep silent, it is only the court that will interpret why you kept everyone in darkness. That is why everybody. INEC regulation said clearly that you vote, results will be announced, and copies will be scanned, sent to the BVAS, sent to the IReV, and then it is after you do that the results will be taken for collation.
“These are the condition precedent to take the results to the collation centre. I read the regulation and it used Shall, which means one condition is certain, you must send the results to the electronic portal before the result is announced. That was my opinion when I saw the Shall. That goes to the constitution. Does this regulation fit into the laws that can be obeyed and if they’re violated, it does not matter?
“Before now, the court said INEC’s regulations, guidelines and even circulars have constitutional flavour. They flow direct from the constitution and violation of those guidelines and rules is a violation of the constitution. And the court went further to say INEC staff are bound by the guidelines and regulations. I don’t know what the courts will say now. It is INEC which will tell the court why they made guidelines and deviated from it. Then the Supreme Court will look at their previous decisions that said INEC staff ought to follow their guidelines”
Aondoakaa, rebuffed the argument for more regulations and reforms of electoral laws, stating that the laws had been tampered with too frequently, and that instead, the focus should be on punishment for those who chose to break the laws, such as were experienced in the last elections.
“These are human problems. It is the punishment given to those actors that will create a deterrence. The laws are fair enough for a person who wishes to do the right thing. But a person with an evil mind, who is bent on violating the law, like the Resident Electoral Commissioner in Adamawa, who damned the consequences, the only deterrence is punishment, severe punishment. If say you’ll change the method and you bring any other method, that kind of deviant person, plays that role, will you change again. The law will have to take its course. The man will go to jail and no other electoral officer will do that kind of thing.”
Abubakar Rabe, retired Major General former spokesman of the Nigerian Army who was abducted by bandits in Katsina State exactly two weeks ago, has died in captivity, reports coming from the state, one of the hotbeds of terrorist activities in Nigeria, confirmed on Saturday.
The retired senior military officer was kidnapped alongside his wife around the Matazu area of Katsina State while traveling to attend a wedding ceremony, was said to have died of complications from diabetes and high blood pressure in the camp of his abductors.
Nasiru Mu’azu, Commissioner for Internal Security and Home Affairs, in the state, who confirmed the incident, in a statement, said the government received the news with heavy heart and deep sense of loss.
He wrote: “It is with profound sadness that we confirm the General’s death while in bandits captivity. Despite the relentless and concerted efforts of the State Government and various Security Agencies to secure his safe release, the situation ended in this tragedy.
“The deceased Retired General died a natural death from complications of diabetes and hypertension. His abduction and subsequent death are not only a loss to his family and Katsina State but a monumental loss to the entire country.
“His Excellency, the Executive Governor of Katsina State Malam Dikko Umaru Radda, PhD, CON, extends his deepest condolences to the family of the late General and the country at-large.
“The Governor has described this incident as a “dark moment” and a reminder of the urgent need for a collective and intensified front against the criminal elements threatening the peace of our communities.
“The Katsina State Government remains committed to working with the Federal Government and security forces to ensure that those responsible for this heinous act are brought to justice. We assure the citizens of Katsina State that our resolve to eliminate banditry and ensure the safety of all residents remains unshaken.
“Our thoughts and prayers are with the bereaved family during this difficult time. May the soul of the departed Retired Major General Rabe Abdulakdir rest in eternal peace.”
By Hon Eseme Eyiboh mnipr
When Senator Godswill Obot Akpabio assumed office as President of Nigeria’s 10th Senate in June 2023, expectations were understandably high. Nigeria was grappling with economic headwinds, persistent security challenges, and growing public demand for more responsive and effective democratic institutions. In such a climate, the National Assembly was expected not merely to make laws, but to provide leadership, strengthen oversight, and restore public confidence in governance.
Three years into his tenure, the Senate under Akpabio has increasingly sought to position itself as a stable, proactive, and policy-driven legislative institution. Through a combination of legislative initiatives, institutional reforms, parliamentary diplomacy, and engagement with critical national issues, the Senate has played a visible role in shaping the country’s governance landscape. While critics have raised concerns on certain matters—an inevitable feature of democratic leadership—the overall record presents a legislature that has remained active, cohesive, and focused on its constitutional responsibilities during a period of significant national transition.
The foremost responsibility of any legislature is lawmaking, and in this regard, the 10th Senate has maintained an ambitious legislative agenda. Hundreds of bills have been introduced and processed, many of them directly targeting Nigeria’s pressing economic, fiscal, and governance challenges. According to Senate Leader Opeyemi Bamidele, in a midterm scorecard released in June 2025, the upper chamber introduced 983 bills and passed 108 into law between June 2023 and June 2025. This included 83 bills passed in the 2024/2025 legislative year alone, compared to 25 bills in the 9th Senate in the same period. Official legislative records also indicate a significant rise in legislative activity compared to previous assemblies, suggesting that the 10th Senate has been notably active by legislative output metrics.
More significant than the volume of legislation, however, has been the Senate’s focus on measures with far-reaching national implications. The emphasis has not been on legislative activity for its own sake, but on advancing reforms designed to address some of Nigeria’s most pressing economic and governance challenges. The Senate has prioritised reforms aimed at stimulating economic growth, improving public finance management, strengthening institutions, and expanding social protection.
One of the defining legislative undertakings of the 10th Senate has been its commitment to tax reform and fiscal modernization. Nigeria’s tax system has long been criticised for fragmentation, multiple taxation, weak compliance, and excessive dependence on oil revenue. Under Akpabio’s leadership, the Senate pursued reforms aimed at simplifying tax administration, broadening the tax base, promoting digital compliance, and providing greater relief for small businesses and low-income earners. In May 2025, the Senate passed four major tax reform bills which, according to the Chairman of the Presidential Committee on Fiscal Policy and Tax Reforms and now Minister of Finance, Taiwo Oyedele, could increase Nigeria’s tax-to-GDP ratio from about 10 per cent in 2023 to approximately 18 per cent by the end of 2027.
These reforms are significant because Nigeria’s tax-to-GDP ratio remains among the lowest in Africa, limiting government revenue and public investment capacity. By supporting measures aimed at modernising tax collection and reducing leakages, the Senate sought to create a more sustainable fiscal framework capable of supporting infrastructure, education, healthcare, and social services.
Beyond fiscal reforms, the Senate has devoted significant legislative attention to education, regional development, agriculture, energy, and the digital economy. Bills relating to tertiary education, regional development etc commissions, agricultural growth, and public sector modernization have featured prominently on its agenda. Notable examples include the Student Loan (Access to Higher Education) Act, 2024, which reportedly facilitated over one million applications through the Nigerian Education Loan Fund, and the Electricity Act (Amendment) 2023, which expanded the role of states and private investors in electricity generation and distribution.
To strengthen the country’s electoral process, the Senate also pursued amendments to the Electoral Act aimed at improving internal party democracy and clarifying procedures around party primaries and consensus candidacies. Supporters of the reforms argue that clearer legal definitions and procedural safeguards could help reduce arbitrary candidate selection and strengthen transparency within political parties. Senate Leader Bamidele has also indicated that additional reforms, including possible provisions for diaspora voting and early voting for security personnel, remain priorities for the remaining legislative period.
Beyond lawmaking, one of the less visible but significant developments of the 10th Senate has been institutional stability. Historically, Nigeria’s upper legislative chamber has often been characterised by prolonged leadership disputes, partisan confrontations, and disruptions capable of slowing governance processes. Under Akpabio’s leadership, however, the Senate has largely maintained operational cohesion and stability.
Plenary debates have generally remained issue-focused rather than personality-driven, while contentious national matters have often been managed through consultation and negotiation. This atmosphere of relative stability has reduced legislative deadlocks and allowed committees to function with greater consistency.
The Senate President’s leadership style has leaned heavily toward consultation and consensus-building. In a politically diverse chamber comprising members of the APC, PDP, Labour Party, NNPP, SDP, and other minority parties, Akpabio has consistently emphasized bipartisan cooperation over rigid partisanship. Committee appointments, major motions, and sensitive legislative debates have reflected efforts to accommodate competing interests while preserving institutional cohesion.
As a result, the 10th Senate has witnessed substantial cross-party cooperation on key national issues, even though disagreements naturally remain part of democratic governance.
Another area in which the Senate has demonstrated effectiveness is budgetary coordination. For three consecutive fiscal years, the National Assembly passed the national budget before the start of the new financial year. The 2024 budget of N27.5 trillion, for instance, was approved on December 30, 2023, ahead of the fiscal cycle. The Senate also passed the 2024 and 2025 appropriations totalling N43.5 trillion, although implementation timelines for some projects were subsequently extended to facilitate completion.
This marked a departure from previous cycles characterised by delayed budget approvals and implementation uncertainty. Timely budget passage improves predictability for Ministries, Departments, and Agencies, enhances investor confidence, allows contractors to plan more effectively, and supports smoother execution of government projects. In a developing economy like Nigeria, where public expenditure plays a major role in economic activity, budget stability remains important to growth and development.
At the same time, the Senate has continued to discharge its constitutional oversight responsibilities through investigative hearings, committee reviews, and ministerial screenings. During periods of persistent fuel scarcity, the Senate leadership engaged key stakeholders in the petroleum sector, including an oversight visit to the Dangote Petroleum Refinery. Supporters contend that the intervention helped keep national attention focused on domestic refining capacity and crude supply arrangements.
Subsequent Federal Government measures, including support for naira-denominated crude transactions, were widely viewed as part of a broader effort to ease supply constraints and calm the downstream market. Today, the long fuel queues that once defined daily life have receded considerably, although deeper challenges in the energy sector remain.
On the international stage, the Senate under Akpabio has strengthened parliamentary diplomacy, carrying Nigeria’s voice into global conversations on democracy, development, security, and international cooperation. Nigeria has assumed a more visible role within the Inter-Parliamentary Union (IPU), contributing to debates on democratic governance, collective security, climate resilience, and legislative best practices. Through these engagements, the Senate has sought not only to advance Nigeria’s interests but also to position the country as a constructive participant in addressing shared global challenges.
A notable diplomatic milestone was Nigeria’s election into the IPU Executive Committee for the first time in decades, a development widely interpreted as recognition of the country’s renewed parliamentary engagement within international legislative circles. Akpabio was also designated to serve on the Preparatory Committee for the 6th World Conference of Speakers of Parliament in 2024.
Domestically, one of the Senate’s most consequential constitutional moments came in August 2023 during the crisis in the Niger Republic following the military coup. When President Bola Ahmed Tinubu, acting as Chairman of ECOWAS, sought legislative backing for possible regional intervention, the Senate urged restraint and prioritized diplomatic engagement over immediate military action. Widely viewed as a demonstration of legislative independence and respect for the principle of separation of powers, the decision reaffirmed the Senate’s constitutional role in matters of security and foreign policy while underscoring a preference for dialogue, diplomacy, and regional stability at a moment of heightened tension across West Africa.
No balanced assessment of the 10th Senate can entirely overlook concerns raised by critics and observers. Questions have occasionally been raised regarding the depth of scrutiny applied during the confirmation of some executive nominees, while certain oversight investigations produced outcomes that critics considered less robust than expected.
In broader terms, the 10th Senate has combined increased legislative activity with relative political stability while attempting to align its priorities with Nigeria’s economic and governance realities. Supporters point to the passage of the National Minimum Wage Amendment Act, the Investments and Securities Act, and multiple regional development commission bills as examples of substantive legislation with potentially long-term national impact.
With one legislative year remaining before the next election cycle begins to dominate political discourse, the principal test facing the 10th Senate may ultimately be one of implementation and public confidence. If the tax reforms strengthen revenue generation, if the student loan programme continues to expand educational access without major controversy, and if the Senate further enhances oversight transparency, the chamber may secure a more enduring institutional legacy. Conversely, if concerns about public perception and executive accommodation persist, critics may continue to question whether legislative productivity has translated into sufficient institutional independence. It is worth noting, however, that history suggests the most successful periods of national development have often occurred not during eras of executive-legislative confrontation, but when both arms of government cooperated effectively while remaining faithful to their distinct constitutional responsibilities.
If the reforms advanced by the Senate continue to produce measurable national impact, and if the institution successfully addresses concerns relating to oversight and accountability, history may ultimately remember the 10th Senate not merely as a productive legislature, but as one that contributed to stabilising governance and repositioning democratic institutions during a consequential period in Nigeria’s development.
* Rt Hon Eseme Eyiboh mnipr is a former member and Spokesperson in the House of Representatives and currently, the Special Adviser on Media/ Publicity and Official Spokesperson to the President of the 10th Senate.
For those believing that President Bola Tinubu’s exclusion of Humphrey Nwosu, the late Chairman of the defunct National Electoral Commission (NEC), was an error that would be corrected subsequently, their expectation came to naught on Friday, with his non-recognition once again.
In a surprise outing, the President failed once again to name the late Professor of Political Science as one of the Nigerians honoured, on the day Nigerians would be celebrating this year’s anniversary of June 12, designed to mark the historic 1993 presidential election, which has now been designated as Nigeria’s Democracy Day.
It was a day Moshood Kashimawo Olawale Abiola (MKO), the candidate of the defunct Social Democratic Party (SDP), was elected President in a transition programme undertaken by the military government of then President Ibrahim Badamasi Babangida (IBB).
Expectations are that because the Option A4 model used in achieving the outcome of the election, acknowledged as the freest and fairest election in Nigerian history, the late electoral commission’s boss, would feature prominently in the list of those to be honoured by the government.
But another list contained in the national broadcast by the President, suggested that the position of the treatment meted to the former NEC Chairman, reflected the thinking in the All Progressives Congress (APC), as the late President Muhammadu Buhari, Tinubu’s predecessor, under whom June 12 was given national recognition.
The list, populated mainly by names from the South West, which included both civilians and military personnel, did not capture the category of national honours to be bestowed on the recipients, as the government said further information would be released in due course.
Prominent among those recognized, was Shehu Musa Yar’Adua, a General and former Chief of Army Staff, Supreme Headquarters between 1976 and 1979, under the military regime of Olusegun Obasanjo, who died in Abakaliki Prison in 1997, where he was detained for allegedly participation in carrying out a coup against Sani Abacha, then Head of State.
Tinubu, said the completed Institute of Petroleum Studies, Kaduna, would now be known as General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology, to honour the General, who later became a prominent figure in Nigerian politics, “for his vision of national partnership.”
Listing the other names, Tinubu said: “I am also pleased to announce national awards to the following Nigerians, who suffered persecution, endured indignities, exile, incarceration, and, at times, solitary confinement, so that we have democracy today.”
The recipients included: Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole and the duo of Lade Bonuola, former Managing Director of The Guardian and Femi Kusa, former Editor of the Nigerian foremost newspaper.
Others, were: Debo Adeniran, Ayo Opadokun, Chief Ralph Obiora, Ose Osayande, Osa Director, Sylvester Odion-Akhaine, Arthur Nwankwo (Posthumous) and Osagie Obayuwana, all pro-democracy activists.
The list also included Joe Okei-Odumakin , Titus Mann, Joe Igbokwe, Richard Akinnola, Ben Charles-Obi (Posthumous), George Mbah Niran Malaolu, Ishola Williams, a retired Major-General, Femi Aborisade, Jenkins Alumona, Gbemiga Ogunleye, Muyiwa Adekeye, Babajide Kolade-Otitoju and Ike Okonta.
“We also recognise the soldier-democrats of the June 12 struggle: Major General MA Garba, Brigadier General Lawal Jaafaru Isa, Col Umar Farouk Ahmed; Col Sambo Dasuki;
Col Lawan Gwadabe; Brigadier Jonathan Ndam Temlong, Col Musa Shehu; Major General Chris Eze; Major General Harris Dzarma; Col Isa Jibrin; Maj. General Joseph Oshanupin; Col Olusegun Oloruntoba, Olugbede of Gbede Kingdom), Lieutenant Colonel Happy Kefas Bulus, Col J Okai;
Col Emmanuel Ndubueze; Lt Col Yakubu Muazu and Brigadier Yahaya Abubakar, the Current Etsu Nupe, who is already the holder of the CFR title.”
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