CSOs Alert Senate to ‘Loophole’ in Manual Collation Provision

A coalition of civil society organisations has voiced serious concerns over the Senate’s amended Clause 60(3) of the Electoral Act, warning that the new provisions could create loopholes capable of undermining transparency and accountability in elections.

The Senate, during an emergency plenary on Tuesday, reversed its earlier stance against the electronic transmission of results and adopted a revised clause that permits the electronic transmission of polling unit results.

The amendment stipulates that electronic transmission will be implemented “as long as it does not fail,” while designating Form EC8A as the primary source of election results. Lawmakers also expanded the Senate’s conference committee from six to twelve members to match the House of Representatives.

In a joint statement signed by the Centre for Media and Society, The Kukah Centre, International Press Centre, Elect Her, Nigerian Women Trust Fund, TAF Africa, and Yiaga Africa, the organisations described the Senate’s reversal as a welcome outcome of sustained civic advocacy.

However, they cautioned that certain additions to the clause could undermine key protections introduced under the 2022 Electoral Act. Of particular concern is the conditional phrase, “provided if it fails and it becomes impossible to transmit,” which the groups said lacks clarity.

They argued that the legislation does not define what constitutes a transmission failure, how such incidents should be recorded, or what oversight mechanisms would ensure accountability. Without these safeguards, they warned, the provision could create room for discretionary actions that may compromise the integrity of the results management process.

The coalition also expressed unease over the elevation of Form EC8A as the “primary source” of election results. While recognising the legal importance of polling unit results, the groups stressed that electronically transmitted results should carry equal legal weight to preserve transparency.

According to the organisations, electronic transmission is intended to function as a structural reform that establishes a real-time, verifiable audit trail. Making it conditional or secondary, they argued, could dilute its effectiveness as a deterrent against manipulation between polling unit declaration and final collation.

The coalition urged the National Assembly’s Conference Committee to adopt the House of Representatives’ provision, which mandates real-time electronic transmission of all election results, including accredited voter figures, directly from polling units and collation centres to a public portal.

They emphasised that electronically transmitted results should serve as the benchmark for verifying other results before collation.

Additionally, the groups called for the adoption of the House’s proposal, which allows the download of missing and unissued voter cards to prevent disenfranchisement.
On electoral timelines, they recommended retaining the current provisions in the 2022 Electoral Act and the House version of the bill.

These include 360 days’ notice before elections, 180 days for submission of candidate lists, and 150 days for the publication of nominated candidates by the Independent National Electoral Commission (INEC).

The coalition also advocated for the meaningful involvement of civil society representatives and technical experts in the conference committee’s deliberations.

While acknowledging the Senate’s reversal as evidence that civic engagement can influence legislative decisions, the organisations stressed that close scrutiny of the final wording remains essential.

“The details matter,” the statement emphasised, adding that the credibility of future elections hinges on the proper framing of Clause 60(3).

They called on citizens, political parties, the media, technology experts, and civil society groups to remain actively engaged as the legislative process advances.

Source: Daily Trust