*Says “National Assembly Has Tactically Harmonised Both Chambers, Bill Awaits Presidential Assent”
![](https://thenigerialawyer.com/wp-content/uploads/2026/01/SADR.jpeg")
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Senior Advocate of Nigeria and Policy Analyst, Dr. M.O. Ubani, SAN, has provided a detailed clarification on the architecture of electronic transmission and collation under the Electoral Amendment Bill 2026, noting that Nigeria’s National Assembly has tactically harmonised both chambers on the Bill, thereby eliminating the necessity for a conference committee.
In an analysis titled “Electoral Amendment Bill 2026: Clarifying the Architecture of Electronic Transmission and Collation,” Dr. Ubani explained that with identical versions now passed by the Senate and the House of Representatives, the Bill awaits presidential assent.
Dr. Ubani identified three major provisions relating to electronic transmission at the core of the amendment:
First is the mandatory Electronic Transmission of Results. Second is the statutory Recognition of the IREV Portal. Third is the fallback to Form EC8A in Cases of Communication Failure.
The senior advocate explained how the proposed framework operates.
“Under the proposed framework, where there is no communication failure, results recorded at each polling unit on Form EC8A, duly signed by the Presiding Officer and countersigned by party agents, must be uploaded to the IREV portal immediately after announcement.
“Where electronic transmission fails due to communication challenges, the duly completed and signed EC8A becomes the primary document for collation.
“What this means therefore is that where electronic transmission succeeds, the electronically transmitted result prevails in the event of discrepancies during collation. It is otherwise where reverse is the case,” Dr. Ubani explained.
Dr. Ubani noted that legislators appear to justify the proviso as a pragmatic safeguard against anticipated technological or network failures that may disrupt or invalidate the electoral process.
Despite the legislative rationale, stakeholders have expressed concerns.
“Critics argue that the fallback clause may inadvertently create a window for possible manipulation. Arguably, given that we have achieved improvements in Nigeria’s telecommunications infrastructure, some consider the proviso unnecessary and potentially capable of generating confusion, evidentiary disputes, and post-election litigation.
“Although the Bill has passed both chambers, public confidence remains cautiously divided,” he stated.
Dr. Ubani offered recommendations should the agreed version become law ahead of the 2027 General Elections.
Immediate Electronic Transmission: “INEC Guidelines must mandate immediate electronic transmission upon completion, announcement and signing of results at the polling unit, in the presence of party agents, security personnel, and voters. The temporal element must be precise to prevent delayed uploads that may undermine transparency.”
Clear Definition Of Communication Failure: “The Guidelines must clearly define what constitutes ‘communication failure’ and who determines the existence of such failure at the polling unit. The objective threshold or duration before failure is declared must also be spelt out clearly.
“We must note that where clear parameters are absent, discretionary interpretation may fuel avoidable disputes and election petitions.”
Political Parties Must Invest: “Political parties must invest in voter education and deploy competent, technologically literate agents at both polling and collation centres. The success of any electoral reform depends not merely on statutory text but on operational vigilance.”
Dr. Ubani drew attention to a less discussed but critical development.
“Amid the intense focus on electronic transmission, a less discussed but critical development appears to be the removal of the reform previously introduced under Section 137 of the 2022 Electoral Act, which aimed to reduce the burden of calling multiple polling unit witnesses where documentary evidence suffices.
“Judicial precedents and interpretations have consistently required petitioners to call witnesses from each disputed polling unit, even where documentary irregularities are apparent on the face of the record. Reform on that section became necessary and it was agreed that witnesses are no longer necessary in the face of overwhelming reliable documentary evidence.
“That reform did not scale through by my observation. If the reform is indeed removed or diluted which nobody seems to notice, litigants will continue to face the onerous obligation of producing agents as witnesses from every contested polling unit in spite of limited time frame to prove his petition.
“This unnoticed provision in the new amendment bill has profound implications for access to electoral justice and will require deeper examination in subsequent analysis.”
Dr. Ubani noted that the immediate constitutional question now is whether the President will assent to the Bill.
“The immediate constitutional question now is whether the President will assent to the Bill, particularly in light of civil society advocacy urging him to withhold assent over the ‘transmission proviso’. The coming days will clarify the executive’s position.”
Dr. Ubani concluded with a call for faith and collective vigilance.
“While the amendment may not represent the full spectrum of reforms many Nigerians desire, it nonetheless signifies institutional movement. Electoral reform is evolutionary and not necessarily revolutionary.
“Nigeria remains our only country. We must not pray for its failure. Our collective vigilance, goodwill, and commitment to electoral integrity must guide the process forward.
“Progress may be incremental, but with sustained institutional engagement and civic responsibility, the desired destination is attainable. Let us have faith and keep hope alive!”
The promotion, which commenced on January 8 and runs until February 8, 2026, offers five core maritime law books authored by Dr. Emeka Akabogu, SAN, ordinarily valued at N405,000, for just N150,000 — a 63% discount.
Interested buyers can place their orders through the following channels:
Phone: 0704 329 3271
Online Store: https://paystack.shop/aa-bookstore
Website: www.akabogulaw.com
______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
