Peter Obi, candidate of the Labour Party (LP) in the 2023 election, on Monday, raised a fundamental question to the Nigerian Senate – why are you bringing confusion to Nigeria.
He did, when he joined a group of protesters to the National Assembly Complex in Abuja over the Senate’s rejection of real-time electronic transmission of election results, a development which has generated a lot of outrage across the country.
Staged by student and civil society groups, politicians and members of the Obidient Movement — a group of his supporters, the former governor of Anambra State, told a horde of supporters who besieged him: “All we want is simple transmission. Allow the elections to go through the normal process. Whoever wins, we would accept. So why are you bringing all sorts of confusion.”
Obi, who said he joined the protest to ensure the message was brought home to the Senators, due to reconvene on Tuesday to take votes and proceedings, necessary for harmonisation of the final act, that would form the clean copy to be sent to President Bola Tinubu for accent, stated that he would wait the outcome of the plenary before deciding whether to join further protests.
Against the backdrop of a rash of agreements on several provisions, the Senate, had out real-time transmission of election results by donating the right of discretion to the Independent National Electoral Commission (INEC) as provided for in the 2022 Electoral Act.
The resolution had sparked off immediate outcry, with groups, including the Nigeria Labour Congress (NLC), threatening to call out Nigerian workers on to the streets to protest the development, which they claimed was antithetical to democracy.
The proposed amendment, contained in section 60 (3) of the new act, reads: “The presiding officer shall electronically transmit the results from each polling unit to the IREV portal in real time, 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 unit agents, where available at the polling unit.”
It clearly stated that this must occur after Form EC8A has been signed and stamped. Form EC8A is used to record political party votes at the polling units.
This amendment intends to make electronic transmission compulsory, ensure it is in real-time, and link same directly to IReV. In other words, it would have transformed electronic transmission from a discretionary exercise into a legal duty.
But the senate rejected this proposal. Instead, it adopted section 60(5) of the existing Electoral Act 2022, which says: “The presiding officer shall transfer the results, including the total number of accredited voters and the results of the ballot, in a manner as prescribed by the Commission.”
Both Afam Osigwe, President and the Nigeria Bar Association (NBA), expressed concern over the development, insisted that such a move by the legislature, would spell doom to Nigeria’s march towards credible elections.
Osigwe, Senior Advocate of Nigeria (SAN), said while the Bar was worried about the pace of the National Assembly, the delay would not necessarily derail the 2027 general elections if INEC and stakeholders worked with the existing legal framework.
“The process itself has not really started. But if those amendments can be brought in, and they improve credibility, it will be better. You can pass the best laws, and if the judicial interpretation is anything but progressive, we have still not achieved anything,” Vanguard quoted him as saying.