Electronic transmission of results: Plausible options before INEC

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Electronic transmission of results: Plausible options before INEC
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In the aftermath of the controversies that followed the 2019 general election and much later the off-cycle gubernatorial elections in Kogi

and Bayelsa states, the intensity of the push by the electorate and various stakeholder groups interested in the nation’s electioneering process increased significantly. There seemed to be a consensus that the 2023 election cycle would not roll in without a fundamental review of the main electoral legislation, the Electoral Act 2010 that was last reviewed about 10 years ago by the 6th National Assembly.

But Human rights lawyer, Femi Falana opined that the failure of the Buhari government and indeed, successive governments, to reform the electoral process had created insurmountable legal obstacles for election petitioners. Stressing the need for electoral reforms, Falana had said that the current state of the nation’s electoral laws gives ample room for greater frustration of election petitioners in their quest for justice.

In annulling the results, the Supreme Court held that the IEBC “failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the Constitution.” That judgment was and remains the first time any court annulled the result of a presidential election in Africa. And it has far-reaching implications for democracy and rule of law on the continent.

After the judicial drama that played out in the PDP Candidate, Alhaji Atiku Abubakar’s petition against the declaration and return of APC candidate, Muhammadu Buhari at the 2019 election, particularly around the use or otherwise of a server by the Electoral Commission for electronic transmission of results, the strong impetus was given to the clamour of Nigerians led by the civil society and the opposition for amendment of the Electoral Act to make provision for electronic voting and...

Whilst the draft Bill gave INEC the powers to “transmit results electronically where and when practicable,” apparently as a sequel to its powers under Sections 78; and 153 of the 1999 Constitution , the contention was whether such open-ended powers should be given to the Commission.

While hailing the move as a step in the right direction despite opposition from certain quarters, Fagbemi praised INEC for taking bold steps to ensure sanity in elections in the country, particularly with the introduction of Smart Card Readers, which he noted has “drastically reduced the spate of election violence.

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