A legal practitioner and accredited INEC observer, Victor Giwa, has declared that the recent Senate amendment on electronic transmission of election results does not adequately address Nigeria’s electoral challenges, arguing that the Supreme Court has already determined that IREV (INEC Result Viewing Portal) is not a collation system.
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Speaking on Channels Television’s morning show, Giwa described the Senate’s handling of the Electoral Act amendment as “a very sad commentary” and accused lawmakers of failing to provide the leadership necessary for national development.
Giwa explained that in the landmark case of Peter Obi versus INEC, the Supreme Court held that electronic transmission of results is not mandatory under the Electoral Act and that IREV is not recognized as a collation device.
“The Supreme Court said in that judgment that the introduction of IREV may boost the confidence of Nigerians, but non-usage of IREV does not invalidate the process,” Giwa stated. “The Supreme Court went further to say that IREV is not a collation device, that IREV is not a collation center, that IREV is not a collation system.”
He added that the Supreme Court ruled that even if all results from IREV are downloaded and presented during an election petition, “it is not enough to establish facts in your petition.”
The lawyer highlighted a critical distinction in the Electoral Act that many Nigerians may not understand. He pointed out that Section 60(5) of the Electoral Act 2022 uses the word “transfer” for presiding officers, while Section 64(4) uses the word “transmitted.”
“Section 60(5) says that the presiding officer shall transfer results in a manner prescribed by the commission,” Giwa explained. “But if you look at Section 64(4), it says the collation officer shall not announce any result except it corresponds with the transmitted result.”
He noted that while INEC’s regulations and guidelines (Clauses 38 and 48) prescribe electronic transmission of results, the Supreme Court determined that this guideline does not override the Electoral Act itself.
Giwa accused Senate President of either misconstruing the law or intentionally misleading the public when he claimed that the Senate retained electronic transmission of results as contained in the Electoral Act.
“What he said was that they retained the provisions of the Electoral Act, which means INEC can transfer it based on their own discretion,” Giwa clarified. “That is what he said, but what he implied is that it is left for INEC to determine how they should go about the transmission.”
According to Giwa, the Senate’s amendment focusing solely on electronic transmission to IREV misses the crucial point. He argued that lawmakers should instead focus on Section 62(2) of the Electoral Act, which provides for a “National Electronic Register of Election Results.”
“The Senate should know better that they should say that the electronic transmission of results should be made into Section 62(2), the National Electronic Register of Voters, such that the main result should be that result that is contained in the National Electronic Registry of Voters,” he stated.
He suggested that this provision, if properly implemented, could establish that when results in the electronic register are at variance with manually collated results, the electronically registered results should prevail.
Giwa explained that Nigeria currently operates a hybrid electoral system that combines manual and electronic processes. Voters present their Permanent Voter Cards (PVCs), which are checked against manual registers, then verified electronically using the Bimodal Voter Accreditation System (BVAS) through fingerprint and facial recognition.
“You could see that it’s a hybrid. You come with your manual PVC, they check you on the manual register, then you use the BVAS to accredit and to transfer the results,” he said.
While acknowledging that electronic transmission and technological innovations can increase voter confidence and promote transparency, Gira warned that these measures alone do not guarantee electoral integrity.
“The introduction of IREV, the use of the BVAS, and the electronic transmission of results build our confidence and promote transparency,” he said. “However, it is not enough for us to have electronic transmission of results. We must understand the nuances of the Supreme Court judgment.”
He cautioned against the public perception that electronic transmission automatically ensures a transparent process, stating: “People should not just go and say, ‘Oh, if you have electronic transmission of results, then you have a transparent process.’ No.”
The lawyer expressed frustration with the National Assembly’s excuses about network challenges and lack of internet connectivity, contrasting Nigeria’s situation with other countries’ technological advancements.
“One of these countries hosting the next World Cup, they’re saying they’re going to use robotic dogs to monitor and supervise the World Cup that is coming up in the next four months, and we are talking about the problem of not having network,” Giwa lamented.
He added: “Every time you wake up in the morning, our young men have been arrested by EFCC for hacking, intercepting emails, bringing down networks in other climes, and even the world is wondering what kind of young people we have. We are still talking about networks.”
When pressed on whether the amendment would reduce voter apathy, Giwa suggested that the Senate’s actions may be deliberate and designed to maintain the status quo.
“The Senate knows what they are doing. And if you look at the way they were laughing, I mean, I told some people that we are not supposed to be protesting. We are supposed to be mourning,” he said.
He concluded by suggesting that rather than celebrating, Nigerians should recognize the limitations of the amendment: “If they intend to keep the status quo, that is what I’m saying. The Senate should move from just saying electronic transmission of results to defining what the collation should be.”
Giwa’s analysis raises serious questions about whether the Senate’s recent amendment will meaningfully improve electoral transparency and reduce disputes. His interpretation of the Supreme Court’s position on IREV suggests that even with electronic transmission, the legal framework still allows for significant discretion in how results are ultimately collated and validated.
The lawyer’s comments highlight the complex interplay between electoral guidelines, the Electoral Act, and Supreme Court interpretations—a complexity that many voters may not fully understand when they cast their ballots.
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