By Ebun-Olu Adegboruwa, SAN

Owing to constant defections for whatever reasons, the All Progressives Congress (APC) is presently in firm control of the National Assembly and it has majority of governors of the States and the Houses of Assembly in its kitty. There is talk of more governors and lawmakers defecting as time goes on. With the Presidency firmly under its control, the APC is truly the ruling party. But how is the party ruling? And why is it afraid of free, fair and credible elections with all its political arsenal? Ordinarily, a political party in power should govern through its manifesto, its constitution and the Constitution of the Federal Republic of Nigeria. Is that the case presently with the APC? By all means, no. Leadership requires participation of the followers. The greatest desire of Nigerians presently is functional electoral reforms that will guarantee the sanctity of votes, protect election results and facilitate free, fair and credible elections. This is very critical and tangential because if we cannot secure integrity and transparency of the leadership recruitment process, then the will of the people may not determine the outcome of our elections.

In recognition of this inviolate process the House of Representatives of the Federal Republic of Nigeria voted to amend section 60 (3) of the Electoral Act to reflect on time and real time transmission of election results in the following terms: “INEC shall electronically transmit election results from polling units to the INEC Result Viewing Portal in real time and such transmission shall be done simultaneously with the physical collation of results.” This cannot and should not be a difficult task for the Senate to undertake on behalf of the good people of Nigeria, as a revolutionary political reform, instead of seeking to upturn the commendable position of the House of Representatives. Let us examine the real issues involved in electronic transmission of election results. The adoption of electronic transmission of election results has been a significant topic of discussion in Nigeria, particularly following the 2019 and 2023 general elections. Proponents argue that electronic systems could enhance transparency, speed, and the overall credibility of the electoral process. However, concerns persist over the reliability of the technology, potential cyber threats, and infrastructural challenges. Let us dig deeper into the issues.

Improved Transparency

Electronic transmission of results ensures that the process is more transparent. Once votes are counted, results can be transmitted instantly to a central server or the Independent National Electoral Commission (INEC), making them publicly available in real-time. This reduces the possibility of manipulation or tampering with results at various stages, such as at collation centers. It can also help build public trust in the electoral process. Human intervention is drastically reduced and the process is open and known to all. It is also subject to easy verification.

Faster Results

One of the primary advantages of electronic transmission is the speed at which election results can be delivered. Traditional methods, such as the manual counting and physical transportation of ballot papers, can take several days. In contrast, with electronic transmission, results can be uploaded almost immediately after counting, providing quicker outcomes to the public and the candidates. As such, the outcome of elections will be known within a reasonable time, thus reducing the tension usually associated with the delay of manual collation.

Reduction in Human Error

Manual transmission of election results is prone to human errors, either deliberate or accidental. By relying on electronic systems, human involvement is minimized, which can help reduce mistakes in the recording, transmission, and processing of election results. This can lead to a more accurate reflection of the true outcomes. We have had cases of inconclusive results, which in many cases led to violence, fraud and manipulation.

Cost Efficiency

Over time, electronic transmission systems can prove to be more cost-effective than manual processes. While setting up the necessary infrastructure requires a significant initial investment, the long-term savings in terms of reduced manpower and transportation costs could make it a more sustainable approach. This is especially crucial in a country like Nigeria, where election costs are high.

Reduction in Electoral Malpractices

Electronic transmission can reduce the incidence of electoral malpractice, such as ballot-box stuffing, result manipulation, and rigging. The process of securely transmitting results to a centralized server provides an auditable trail that makes it harder for fraudsters to alter results. In combination with biometric identification systems, this could further limit the potential for impersonation and multiple voting.

Better Access to Election Data

With electronic systems in place, voters, political parties, civil society groups, and the media can access real-time election data, enabling greater civic engagement. Transparency and open access to election results can lead to better-informed voters and a stronger democratic process. This will in effect reduce voter apathy, improve confidence in the process and enhance greater participation.

Leadership Accountability

When election results reflect the true will of the people, the winner of such an election automatically becomes accountable to the people rather than some cabal or godfather. This in turn guarantees performance which will be the yardstick for determining continuity in office. Every leader who knows that his stay in office is tied to effective governance will strive to fulfil his campaign promises before coming to the voters for reelection.

The Case Against Electronic Transmission

Those who argue against electronic transmission of election results have their own reasons and we must acknowledge them. Perhaps the most cogent of these reasons is inadequate infrastructure. It is contended, for instance, that Nigeria’s infrastructure, especially in rural areas, is often inadequate to support the smooth transmission of election results electronically. Power outages, poor internet connectivity, and the lack of necessary hardware could lead to delays or even failure in transmitting results. This could undermine the integrity of the entire process, especially in remote or underserved regions. They also talk about cybersecurity risks as electronic transmission introduces new vulnerabilities, primarily related to cybersecurity. Hacking attempts, data breaches, or cyberattacks on the system could compromise the entire electoral process. If unauthorized individuals gain access to the system, they could alter results, manipulate data, or sabotage the transmission, creating confusion and undermining the legitimacy of the election. It was reported for instance that over one million attempts were made to hack INEC portal in the 2023 elections. However, banks still operate in Nigeria on a daily basis and the constant collapse of the national grid has not stopped us from patronising the DISCOS, nor have plane crashes stopped air travel. These challenges can be addressed.

Some raise the issue of lack of technical expertise to handle the equipment to be deployed for electronic transmission. They contend that there is a limited pool of technical expertise in Nigeria when it comes to managing large-scale electronic systems, particularly in the context of elections. Without the right skilled professionals, the risks of technical glitches, system failures, or improper handling of data can increase, potentially delaying the results or causing mistrust in the process. This can be cured through effective training. Another argument is voter illiteracy and technological gaps. It is argued that a significant portion of the Nigerian electorate may lack the digital literacy required to navigate new electronic voting systems. Additionally, there are concerns that elderly citizens, rural voters, and people with disabilities may not fully understand or trust electronic systems. Such technological gaps could lead to disenfranchisement, especially if people are unfamiliar with how results are transmitted or monitored electronically. The deployment of POS to the rural areas and the mass patronage by rural dwellers have put paid to this line of thought. Moreover, it is an election that will last for only about half a day, not a lifestyle for the rural dwellers. Another point of concern is the dependence on external vendors, for which it is contended that implementing electronic transmission of election results often requires the use of third-party service providers, such as technology vendors and software companies. This could create concerns over transparency, as there may be questions about the neutrality or integrity of the companies involved. If these vendors are not sufficiently vetted or if there is any suspicion of bias, it could lead to public distrust. Ballot papers are not printed by INEC but by third-party independent contractors. This should not defeat the call for electronic transmission. Some have raised concerns over the potential for technical glitches and system failures in any electronic voting system. They argue that in the event of a failure, the entire election process could be delayed, leading to confusion and possibly a loss of confidence in the electoral system. For instance, failures could occur during the upload of results or while trying to authenticate votes, which could result in chaos, protests, or calls for annulment. The cost of implementation has also been raised by opponents of electronic transmission. They state that while electronic systems may offer long-term savings, the initial cost of setting up an efficient electronic transmission system can be prohibitively high. The government would need to invest heavily in acquiring the necessary technology, training personnel, and ensuring the security of the system. These costs could be a significant burden, especially in a developing economy like Nigeria’s. How much can it cost to have democracy or how can we quantify the investment in a better society?

Conclusion

There is no better time to do a good thing. The introduction of electronic transmission of election results in Nigeria holds the ace for credible voting system, notwithstanding its challenges. For electronic transmission to be successful, however, Nigeria must invest in the right infrastructure, train qualified personnel, and ensure a secure and reliable system. Additionally, there must be strong safeguards to address any vulnerabilities in the process and to ensure that the elections are fair and credible. This cannot be too much to ask from leaders who desire to be addressed as progressives.

Add TheNigeriaLawyer On Google News _______________________________________________________________________ New Year Promo: Get Five Maritime Law Books For N150,000 — 63% Discount 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 _______________________________________________________________________ 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

“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.

Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation

______________________________________________________________________ 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