Well… INEC proves lawmakers wrong, says it has capacity to electronically transmit results

Contrary to the position of federal lawmakers, especially of the All Progressives Congress (APC) who shot down plans for electronic transmission of election results, the Independent National Electoral Commission (INEC) on Saturday suggested it has the capacity to transmit election results electronically from remote areas across the country.

On Channels Television breakfast show on Saturday, INEC’s National Chairman and Commissioner for Information and Voter Education, Mr Festus Okoye said the Commission’s position was clear.

“We have uploaded results from very remote areas, even from areas where you have to use human carriers to access,” he said.

“So, we have made our own position very clear, that we have the capacity and we have the will to deepen the use of technology in the electoral process.

“But our powers are given by the constitution and the law, and we will continue to remain within the ambit and confines of the power granted to the commission by the constitution and the law.”

Recall that in both houses of the National Assembly, federal lawmakers of the APC forced through the passage of Section 52 (2) of the Electoral Law Amended Bill that leaves INEC without full and independent powers to transmit results electronically.

It is worse in the Senate where INEC is left at the mercy of the Nigeria Communications Commission (NCC) and the National Assembly to perform its statutory function.

Everyday.ng however reports there is a stalemate on the controversial bill until September when the National Assembly reconvenes from its annual recess.

The stalemate in the Electoral Law Amendment Bill arises because what was passed in the Senate on Thursday is remarkably different from that of the House of Representatives (HoR) on Friday.

A fresh harmonisation, through a conference Committee, therefore, needs to be done before passage in both Houses for a clean copy to be passed for the President’s assent.

The point of disagreement remains the controversial Section 52 2) which the Senate amended to include a caveat that automatically erodes the Independence of the Independent National Electoral Commission (INEC).

But in the HoR, the conference committee position is retained. It reads: “The Commission (INEC) may transmit results of elections by electronic means where and when practicable.”

In the Senate, based on amendment by its Deputy Whip, Senator Sabi Abdullahi, what was passed reads, “The Commission may consider electronic transmission of results, provided the national coverage is adjudged to be adequate and secure by the National Communications Commission (NCC) and approved by the National Assembly.”

Recall that civil society organisations (CSOs) had frowned at the Senate position. They spoke after the passage stating that the passed amended bill is sending out a dangerous signal to Nigerians and the world that the APC led government is not prepared to hold transparent elections devoid of manipulation.

The 26 groups, which spoke, urged Nigerians to hold every Senator and House of Representatives member that voted against the independence of INEC to decide on Electronic Transmission of Results responsible because it is a legislative coup against free, fair, credible and transparent elections.

According to them, the nebulous and controversial Section 52 (2) which states that ‘before INEC can transmit electronically, NCC must adjudge national coverage is adequate and secure, and National Assembly must approve,’ is in conflict with Section 78 of the 1999 Constitution (as amended) and therefore it is a nullity.

While the HoR members, without the Peoples Democratic Party (PDP) members who walked out in protest, passed the bill via voice vote with no dissenting voice; in the Senate 52 APC members voted for the passage of the controversial version while 28 PDP senators opposed it.

How Senators voted

SENATORS VOTE ON ELECTRONIC TRANSMISSION OF ELECTION RESULTS (28 Senators absent)

Robert Ajayi Boroffice YES
Surajudeen Basiru NO
Adenugba Fadahunsi YES
Clifford Ordia YES
Matthew Urhoghide YES
Francis Alimikhena NO
Kola Balogun YES
Ezekiel Ayuba NO
Abubakar Kyari NO
Gyang Istifanus YES
Senator Gyagung Ladi NO
George Sekibo YES
Ali Ndume NO
Opeyemi Bamidele NO
Biodun Olujimi YES
Mpigi Barinada YES
Betty Apiafi YES
Gobir Abdullahi NO
Abdullahi Danbaba NO
Philip Aduda YES
Chukwuka Utazi YES
Mohammed Goje NO
Danbaba YES
Yusuf Yusuf NO
Isa Shuaibu Lau NO
Mohammed Goje NO
Bomai Ibrahim Mohammed NO
Francis Onyewuchi YES
Yau Sahabi NO
Uba Sani NO
Danjuma La’ah YES
Kabiru Gaya NO
Ishaku Elisha Abo NO
Baba Kaita NO
Adamu Aliero NO
Yahaya Abdullahi NO
Yakubu Oseni NO
Isa Jibrin NO
Smart Adeyemi NO
Ibrahim Oloriegbe NO
Oluremi Tinubu NO
Solomon Adeola NO
Tanko Al-Makura NO
Godiya Akwashiki NO
Abdullahi Adamu NO
Musa Mohammed Sani NO
Aliyu Sabi Abdullahi NO
Bima Enagi NO
Patrick Akinyelure YES

Breakdown of the figures of votes on Electronic Transmission of election results.

AYES: 28
NAYS: 52
ABSENT: 28
ABSTAIN: 0
TOTAL VOTES: 80
TOTAL NO. OF REGISTERED SENATORS: 109

Announced by the Clerk of Senate and validated by the President of the Senate, Dr. Ahmad I. Lawan