The Senate has explained that its decision to make the electronic transmission of election results discretionary rather than compulsory was guided strictly by empirical evidence as part of the ongoing reform of Nigeria’s electoral governance framework.
According to the upper chamber, the move was informed by prevailing realities in the country and not driven by emotions or public pressure, following extensive consultations with key stakeholders in the communications and power sectors.
The Leader of the Senate, Senator Opeyemi Bamidele, clarified the chamber’s position in a statement issued on Sunday by his Directorate of Media and Public Affairs. He emphasised that lawmaking carries significant responsibilities worldwide and must not be undertaken in a manner that could undermine national stability.
The controversy centres on Clause 60(3) of the Electoral Bill, 2026, which provides that a presiding officer “shall electronically transmit the results from each polling unit to INEC Result Viewing Portal (IReV) in real time…”
The Senate resolved to amend the clause by removing the requirement for real-time transmission. Under the revised position, electronic transmission remains part of the process, but in cases of internet failure, Form EC8A will serve as the primary basis for result collation.
Bamidele acknowledged that Clause 60(3) is a reform that many legislatures globally would ordinarily adopt because of its potential to enhance transparency and public confidence in democratic institutions such as the National Assembly and the Independent National Electoral Commission (INEC).
However, he noted that lawmakers considered the broader implications of mandating real-time electronic transmission, particularly in light of the limitations in Nigeria’s communications and electricity infrastructure.
Citing figures from the Nigerian Communications Commission (NCC), Bamidele said broadband penetration in Nigeria stood at about 70 per cent in 2025, while internet user penetration was approximately 44.53 per cent of the population.
He also referenced the Speedtest Global Index, which ranked Nigeria 85th out of 105 countries in mobile network reliability and 129th out of 150 countries in fixed broadband reliability.
“Based on the Speedtest Global Index, Nigeria’s mobile network reliability was 44.14 megabits per second. This is extremely low compared with the UAE, which has 691.76 mbps; Qatar with 573.53 mbps; Kuwait’s 415.67mbps; Bahrain’s 303.21 mbps and Bulgaria’s 289.41 mbps. The Index placed Nigeria far below the global average.
“Nigeria’s fixed internet broadband rating is quite low by the global standard. Out of 150 countries, Nigeria occupied 129th position with only 33.32 mbps. In this rating, Singapore came first with 410.06 mbps followed by the UAE’s 382.35 mbps; France’s 346.25 mbps, Chile’s 348.41 mbps and Hong Kong’s 345.25 mbps,” he stated.
Beyond telecommunications, the Senate leader highlighted challenges in the power sector. He said at least 85 million Nigerians still lack access to grid electricity, representing roughly 43 per cent of the population.
He noted that although Nigeria’s power generation capacity ranges between 12,000 and 13,500 megawatts, distribution and transmission constraints limit actual delivery to about 4,500 megawatts nationwide. He expressed optimism that the Electricity Act, 2025, would stimulate improvements in the sector.
Given these conditions, Bamidele questioned the feasibility of making real-time electronic transmission mandatory, warning that doing so could create avoidable crises if infrastructure fails during elections.
By global standards, he argued, real-time electronic transmission “may not be practicable at this stage of our development.”
He added that Section 62(2) of the Electoral Act, 2022 already establishes the National Electronic Register of Election Results, making it prudent to adopt a flexible approach rather than impose rigid requirements.
“All these facts were before us for consideration before we initially decided to retain Section 60(3 & 5) of the Electoral Act, 2022, in the interest of the people and security. The data speak directly to the stark realities of our federation and not the emotion or sentiment.
“We recognise that lawmaking globally comes with huge responsibilities. As representatives of the people, we cannot enact laws based purely on public emotion or sentiment. These are huge obligations that the Constitution places upon us all, and we cannot discharge the responsibilities to the detriment of the citizenry,” Bamidele stated.
“In democracy, law-making sits at the heart of public governance. Indeed, it is its lifeblood that freely flows in the veins of all public institutions. It does not respond to mere emotion or sentiment, but to facts, proofs, or realities that can define or distort the future of our political system. If our law does not capture the realities of the federation, then it is a script for anarchy or a ploy for instability.
“This deduction guided the decision of the Senate to redraft Clause 60(3 & 5) with a caveat, while at the same time addressing the concerns of our people nationwide substantially. The caveat, in this case, is the outright deletion of ‘real time’ from the clause so that we will not end up with an electoral governance framework that cannot respond to the stark realities of our fatherland,” he added.
The provision on electronic transmission has sparked controversy, including protests by some Nigerians and opposition figures such as former presidential candidate Peter Obi and former Rivers State governor Rotimi Amaechi.
The backlash prompted the Senate to convene an emergency session to review contentious aspects of the bill and clarify its position.
What you should know
The Senate says its decision to make electronic transmission of election results discretionary rather than mandatory is based on data showing gaps in Nigeria’s internet and power infrastructure.
Lawmakers removed the “real time” requirement from Clause 60(3) of the Electoral Bill, 2026, citing concerns about feasibility and national stability.
The move has generated protests and political debate, prompting further legislative review.
