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Electoral Act: Nigeria now not in a position for real-time digital transmission – INEC ex-National Commissioner

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Electoral Act: Nigeria now not in a position for real-time digital transmission – INEC ex-National Commissioner
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Electoral Act: Nigeria now not in a position for real-time digital transmission – INEC ex-National Commissioner

Electoral Act: Nigeria Now Not in Position for Real-Time Digital Transmission – INEC Ex-National Commissioner

Introduction

In a pivotal moment for Nigeria’s electoral discourse, Dr. Mustapha Lecky, a former National Commissioner of the Independent National Electoral Commission (INEC), has publicly asserted that Nigeria is not technically equipped for the real-time digital transmission of election results. This statement, made during an interview on Channels Television’s Politics Today, directly challenges ongoing legislative efforts to mandate electronic result transmission in the Electoral Act Amendment Bill. The backdrop involves the Nigerian Senate’s recent rejection of a clause that would have made digital transmission obligatory, sparking national debate on the feasibility and wisdom of such a transition. As Nigeria grapples with ensuring electoral integrity and modernizing its voting processes, Dr. Lecky’s insights underscore a critical gap between aspirational technology adoption and on-ground realities. This article delves into the nuances of this issue, exploring why real-time digital transmission remains a distant goal, the implications for Nigeria’s democracy, and what steps are necessary to build a resilient electoral system. With keywords like “real-time digital transmission,” “election results,” “Electoral Act,” and “INEC” at the forefront, we aim to provide a clear, SEO-friendly analysis that educates and informs stakeholders, from policymakers to ordinary voters.

Key Points

  1. Lack of Digital Voting Infrastructure: Nigeria does not employ digital or electronic voting systems nationwide; instead, it relies on paper-based ballots. Real-time transmission presupposes a digital voting framework, which is absent.
  2. Manual Counting Process: Results are counted manually at polling units, with physical collation and transmission. This sequential, human-led process is inherently incompatible with instantaneous digital reporting.
  3. Holistic Technology Adoption: Lecky emphasizes that digital transmission should not be isolated; it must accompany comprehensive digital voting reforms. Implementing one without the other is illogical and potentially destabilizing.
  4. Senate’s Rejection as Prudent: The Senate’s decision to reject the e-transmission clause in the Electoral Act Amendment Bill aligns with technical realities, according to Lecky. It reflects a cautious approach to avoid premature technology mandates.
  5. Focus on Foundational Reforms: Before pursuing digital transmission, Nigeria must address basic electoral challenges, such as voter education, logistical coordination, and manual result management integrity.
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Background

The Electoral Act and INEC’s Mandate

The Electoral Act of Nigeria is the primary legislation governing elections, administered by INEC. It outlines procedures for voter registration, campaigning, voting, counting, and result declaration. Over the years, amendments have sought to address electoral malpractices and enhance transparency. The 2023 Electoral Act Amendment Bill introduced several reforms, including Clause 60, Sub-section 3, which proposed that election results shall be transmitted electronically in real-time to ensure prompt and accurate reporting.

The Senate’s Rejection and Legislative Context

In February 2023, the Nigerian Senate reportedly turned down this proposed amendment during deliberations. While official reasons cited included concerns about infrastructure deficits, cybersecurity risks, and potential disenfranchisement in rural areas, the rejection also reflected political divisions and skepticism about INEC’s capacity. This legislative move occurred against a history of contentious elections, where result collation delays and allegations of tampering have marred public trust. INEC has experimented with technology, such as the Smart Card Reader for voter accreditation, but has stopped short of digital voting or real-time result transmission, maintaining a hybrid system.

Dr. Mustapha Lecky’s Expertise and Statement

As a former INEC National Commissioner with extensive experience in electoral management, Dr. Lecky’s views carry weight. His interview on Politics Today elaborated that advocating for instant digital transmission is “baseless” when votes are cast on paper and counted manually. He argued that such a disconnect could lead to confusion, errors, and loss of confidence. His stance resonates with a broader camp within Nigeria that advocates for incremental, evidence-based electoral reforms rather than ambitious tech-driven overhauls.

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Analysis

Technical and Infrastructural Hurdles

Nigeria’s technological landscape presents formidable barriers to real-time digital transmission. Internet penetration is uneven, with rural regions often lacking reliable connectivity. According to the Nigerian Communications Commission (NCC), as of 2023, internet penetration hovers around 50%, but quality and consistency vary widely. Power supply instability further complicates the deployment of digital systems—frequent outages can disrupt electronic processes during critical election periods. Cybersecurity is another grave concern: Nigeria’s electoral infrastructure has been targeted by hackers in past elections, and robust defenses against data tampering or denial-of-service attacks are underdeveloped. Implementing real-time transmission would require nationwide, secure networks, backup power solutions, and fail-safe mechanisms, all of which demand massive investment and technical expertise that are currently scarce.

Legal and Regulatory Gaps

The existing legal framework does not fully support digital transmission. The Electoral Act, even with amendments, lacks detailed provisions on data privacy, cybersecurity standards, and legal recourse for digital result disputes. Moreover, the Constitution mandates that election results be declared at polling units, a process rooted in physical collation. Any shift to digital transmission would necessitate constitutional reviews or interpretative adjustments to avoid legal challenges. INEC’s operational guidelines also need overhauling to incorporate digital protocols, training, and audit trails. Without clear regulations, electronic transmission could invite litigation and uncertainty, undermining electoral legitimacy.

Social and Political Dimensions

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