Electronic Transmission of  Results: INEC mustn’t compromise its  neutrality in 2023

Chris Uba

Perhaps the best conclusion that can be  reached   regarding a recent media reports  that  the Independent National Electoral Commission (INEC)  would collate  the results of the 2023 general elections  manually despite the adoption of electronic transmission of results, is that the commission  is about to compromise  the confidence  reposed on it by Nigerians. Although the electoral umpire  has denied the report, it looks like  it was deliberately released to gauge the reactions of Nigerians.

INEC’s National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye was quoted  to this effect last month as saying  that the commission would transmit results from polling units to its result-viewing portal (IReV), as witnessed in recent offseason elections, but explained that the Electoral Act was clear on how collation should be done.

“There is a marked difference between the transfer/transmission of results and the collation of results. Section 50(2) of the Electoral Act, 2022 gives the commission the absolute discretion to determine the mode and procedure of voting in an election and the transmission of election results,” Okoye said.

“Sections 60 and 62 of the Electoral Act govern post-election procedure and collation of election results. Section 60(1) of the Act provides that the presiding officer shall, after counting the votes at a polling unit, enter the votes scored by each candidate in a form to be prescribed by the commission.

“Section 60(5) of the Act makes it mandatory that the presiding officer shall transfer the results, including total number of accredited voters and the results of the ballot in a manner prescribed by the commission. Thereafter, the presiding officer shall after recording and announcing the results deliver the same along with election materials under security and accompanied by the candidates or their polling agents, where available to such person as may be prescribed by the commission.

“The implication of this is that the collation process of results is still essentially manual, but the collation officer must collate subject to his verification and confirmation that the number of accredited voters stated on the collated result are correct and consistent with the number of accredited voters recorded and transmitted directly from polling units”.

Okoye  added that while the collation of results would essentially be done manually, where there was a dispute regarding a collated result or the result from any polling unit, the collation or returning officer would use the original of the disputed collated result, accreditation data from the Bimodal Voter Accreditation System (BVAS) device and the results transmitted directly from the polling unit to determine the correctness of the result.

INEC later cleared the air in an interview with The PUNCH, noting that the electronic transmission of results remained the same.

Also  in a statement titled, ‘Clarification On Electronic Transmission Of Election Result’ made available to the media , the election umpire  stated  as follows:  “The Independent National Electoral Commission’s attention has been drawn to a misunderstanding arising from a recent short interview granted to a national newspaper on the procedure for result management during elections.

“Some have interpreted the explanation on result management procedure to mean that the Commission has jettisoned the electronic transmission of result and reverted to the manual process. This is not correct.

“For clarity, the procedure for result transmission remains the same as in recent Governorship elections in Ekiti and Osun States. There will be no change in all future elections, including the 2023 General Election.

 “We wish to reassure Nigerians that the electronic transmission of result has come to stay.

“It adds to the credibility and transparency of the process when citizens follow polling unit level results on the INEC Result Viewing Portal on real time on Election Day.

“There will be no change or deviation in subsequent elections.

“The entire gamut of result management is provided in Sections 60, 62 and 61 of the Electoral Act 2022. In line with the provision of the law, the Commission in April this year released a detailed clarification of the procedure for transmission, collation and declaration of result which was shared with all stakeholders and uploaded to our website.

“We appeal to all Nigerians to avail themselves of the provisions of the Electoral Act and the Commission’s detailed explanation of the procedure and not reach a conclusion on the basis of media headlines.”

Although INEC has made clarification on the matter, there are insinuations that the first statement  was to gauge the reaction of Nigerians and it was part of the grand plans to compromise the outcome of 2023 elections in favour of the ruling party. The list of 19 APC members sent to the Senate President Muhammadu Buhari  is part of the plan.

 Buhari had in July  written  to the Senate to confirm 19 nominees as Resident Electoral Commissioners of INEC. The confirmation request to the upper chamber was contained in a letter dated 25 July 2022 and   was read at plenary by the Senate President, Ahmad Lawan.

President Buhari, in the letter, said that the request for the confirmation of the nominees was in accordance with the provisions of Section 154 (1) of the Nigerian Constitution. He explained that the nomination of five Resident Electoral Commissioners is for renewal, while the other 14 are fresh appointments.

The nominees for confirmation include Ibrahim Abdullahi (Adamawa – Renewal); Obo Effanga (Cross River – Renewal); Umar Ibrahim (Taraba – Renewal); Agboke Olaleke (Ogun – Renewal); and Samuel Egwu, a professor, (Kogi – Renewal).Others are Onyeka Ugochi (Imo); Muhammad Bashir (Sokoto); Ayobami Salami, a professor, (Oyo); Zango Abdu (Katsina); Queen Agwu (Ebonyi); and Agundu Tersoo (Benue). Also to be confirmed are: Yomere Oritsemlebi (Delta); Yahaya Ibrahim, a professor, (Kaduna); Nura Ali (Kano); Agu Uchenna (Enugu); Ahmed Garki (FCT); Hudu Yunusa (Bauchi); Uzochukwu Chijioke, a professor, (Anambra); and Mohammed Nura (Yobe). This list to Senate contains party men and women whose impartiality cannot be guaranteed. Nigerians view this as part of the plan to rig the election in favour of the ruling party.  INEC should not allow pressures from any quarters to compromise its neutrality as election umpire.

Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has urged  Buhari to use his “leadership position to urgently withdraw the names of nominees recently submitted to the Senate for confirmation as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC) who are allegedly members of the All Progressives Congress (APC).”

In a letter dated 3 September, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organization said, “the combined effect of the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards is the requirement that elections must be organized by a truly independent and impartial electoral body.”

SERAP said, “Withdrawing the names of those nominees who are allegedly members of the APC, and replacing them with people of unquestionable integrity and competence, and who are not members of any political party would improve the independence of INEC and promote public confidence in the appointment process.”

According to SERAP, “Your government has a legal responsibility to promote and guarantee the integrity, credibility, and independence of INEC, and to ensure that the electoral body is free from political and other interferences.”

The letter, read in part: “As its name suggests, INEC is expected to maintain independence or absolute neutrality. INEC must not only be independent and impartial, but must also be seen to be independent and impartial.”

“Promoting the independence of INEC, including by appointing people of unquestionable integrity and competence, and who are not members of any political party as RECs would be entirely consistent with your constitutional oath of office, and your oft-stated promise to ensure free and fair elections in 2023.”

“INEC ought to be independent and impartial in the exercise of its constitutional and statutory responsibilities.”

“This means that anyone nominated for appointment as RECs should be persons of integrity and high standing, and should be independent and impartial, so that INEC can enjoy the public trust and confidence necessary for it to effectively and satisfactorily carry out its constitutional and statutory responsibilities.”

“The mere fact that INEC has ‘independent’ in its name does not in itself make it independent. What makes an institution truly independent are its attributes and characteristics, and the credibility and transparency of the appointment process.”

“Public perception of the independence of INEC is also essential for building public confidence in the electoral process. Where Nigerians have doubts about the independence of INEC, they are more likely to have less confidence in the electoral process, thereby undermining democracy.”

 “The will of the people is expressed through democratic elections. This requires that elections must be free, fair, legitimate and credible. However, the credibility and legitimacy of elections depend in part on the integrity and competence of the body conducting the process, and the transparency of the appointment process for RECs.”