Bayelsa West Senator, Seriake Dickson, has said he does not support the Senate’s inclusion of a caveat in the amended Electoral Act allowing Form EC8A to serve as the primary means of collation in the event of internet failure.
Mr Dickson, a member of the Peoples Democratic Party (PDP), argued that the clause weakens the country’s electoral framework, particularly regarding the call for mandatory electronic transmission of results from polling units.
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He stated that lawmakers had initially agreed during committee deliberations to adopt the House of Representatives’ version, which provided for mandatory electronic transmission of results, but that position was altered during plenary.
The senator made this known in a statement posted on his Facebook page on Tuesday night, shortly after appearing on Arise Television.
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“If I were a member of the Conference Committee, I would have voted for the House version because that was what we agreed on. I disagree with the provision in the Senate’s version because it does not add to the law of the country, which states that Form EC8A is the election result,” he said.
He urged the Independent National Electoral Commission (INEC) to ensure its officials transmit election results electronically, irrespective of internet challenges.
“Laws are made for general rules, not exceptions. The provision only addresses rare cases where there is network failure. I do not expect INEC to allow its officials and agents to operate as if the exception were the general rule. In any case, polling agents who disobey stand the risk of being penalised under this law,” he added.
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On Tuesday, the Senate rescinded its earlier decision on the Electoral Act amendment in which it had rejected the mandatory electronic transmission of election results from polling units to the INEC’s Result Viewing Portal (IREV) after vote counting.
The lawmakers consequently re-amended the Electoral Act to accommodate the electronic transmission of results. However, the provision comes with a caveat that, in the event of internet failure, Form EC8A will serve as the primary means of result collation.
Despite the change, the amendment does not make electronic transmission mandatory. Instead, it allows results to be transmitted electronically while providing an alternative in cases of network failure.
Form EC8A is the primary document on which the presiding officer records the results immediately after votes are counted at a polling unit. In election petitions, courts often rely heavily on EC8A forms because they represent the first official record of votes at the source.
Manipulation at collation centres
One of the concerns raised by advocates of mandatory electronic transmission is that it would help prevent manipulation of results between polling units and collation centres.
However, Mr Dickson, a former governor of Bayelsa State, maintained that there should be no cause for fear, as results will still be transmitted electronically to the IREV portal.
“The introduction of IREV, and the National Assembly’s passage of mandatory electronic transmission of polling unit results to IREV, has addressed the problem of manipulation at collation centres.
“So, candidates and parties who do well at polling stations, which are the primary evidence of elections, can collate results and know who has won, thereby cutting off the brigandage, executive interference, and thuggery that mar our elections at collation centres.”
The lawmaker noted that he and his colleagues, particularly those in the opposition, had canvassed unconditional mandatory electronic transmission of results. However, he acknowledged that the opposition lacked the numerical strength in the chamber to secure that outcome.
“So, while this is not the ideal outcome, Nigerians can be assured that our democracy is moving forward. As I said, in parliament, we don’t get all we want at the time we want, especially when we do not have the numbers. Right now, the opposition does not have the numbers to insist on committee reports coming out the way it did. This was the best we could get under the circumstances, and it is not too bad. It is something we can work with while hoping to improve on it later,” he said.
He encouraged Nigerians to mobilise at polling units and vote for credible candidates who can safeguard democratic rights.
“I encourage Nigerians, therefore, to take interest in mobilising to their polling units and voting for credible people who can protect the democratic rights of our people. Nigeria does not practice electronic voting, so there is no real-time monitoring of votes before they are declared by Presiding Officers at polling stations. After results are declared by Presiding Officers, real-time monitoring begins on IREV.”
Compelling electronic transmission of results
Mr Dickson said, though, he doesn’t agree with the Senate’s version the amendment will still compel INEC to mandate presiding officers to transmit election results electronically, regardless of internet challenges.
He argued that requiring election officials to transmit results electronically effectively amounts to mandatory real-time transmission of results.
“As it stands, in addition to the law, INEC will issue guidelines mandating Presiding Officers, after voting and signing of results, to make copies and transmit them electronically to IREV. If we achieve that, it amounts to real-time monitoring of results from polling stations upwards. Where results are changed and democracy faces its greatest assault is at the collation centres—the Ward Collation Centres and the Local Government Collation Centres,” he said.
The senator called on Nigerians to sensitise others, mobilise to polling stations, vote for credible candidates, and insist that their votes are transmitted to the IREV portal.
He also urged INEC to take electronic transmission of results seriously to ensure credible, free, and fair elections.
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