Former INEC chief, PDP, Tambuwal blast senate over e-transmission of election results ‘conditionalities’

It would be recalled that the senate, had Thursday, voted to amend original clause 52(3) of the Electoral Act No.6, 2010 in the proposed Electoral Act 2021 as amended, by substituting the content which said the Independent National Electoral Commission (INEC) ‘may transmit results of elections by electronic means where and when practicable.’

Deputy Chief Whip of the Senate, Senator Sabi Abdullahi in moving for amendments of clause 52(3) after the presentation by the Chairman of the senate Committee on INEC, Senator Kabiru Gaya, said the clause should be replaced with: “The Commission may consider electronic transmission of results provided that the national coverage as adjudged by the Nigerian Communications Commission (NCC), and approved by the National Assembly.”

The senate was thrown into pandemonium in the voting to adopt that motion, as senators were sharply divided along party lines with the ruling All Progressives Congress (APC) lawmakers calling for the inclusion of the new amendment, while opposition legislators on the floor rejected the conditionality attached to electronic transmission of election results.

With this development, the senate has now formally empowered the NCC and National Assembly to determine when and how electoral results are to be transmitted to INEC collation centres after balloting.

This also means that INEC may consider electronic transmission provided the national network coverage is adjudged to be adequate and secure by NCC and approved by the National Assembly.

The new amendment, which was sought by Senator Abdullahi and seconded by Senator Ali Ndume, provides that INEC may consider electronic transmission so far the national network coverage is adjudged to be adequate and secure by Nigeria Communication Commission and approved by the National Assembly.

Explaining the senate’s decision on the matter, Spokesman for the Upper Chambers, Senator Surajudeen Ajibola Basiru said what was in contention over which the Senate called for a division was the wordings of Section 52 (3) of the proposed Electoral Act and not that results would not be transmitted electronically.

“Nobody rejected electronic transmission of results. What was voted against was the nebulous wordings of Section 52(3) as initially proposed.”

He said that Section 52 (3) as originally recommended provides that “The Commission may transmit results of elections by electronic means where and when practicable.”

According to him, what the amendment agreed on eventually is that; ”The Commission may consider electronic transmission of results provided the National Network Coverage is adjudged to be adequate and secure by the National Communications Commission and approved by the National Assembly”

Reacting to this development, in a statement issued Friday, by its National Publicity Secretary, Kola Ologbondiyan, main opposition, the Peoples Democratic Party (PDP) condemned the ‘conditionalities’ attached the process of electronic transmission of election results as included in the Electoral act as amended by the senators.

By placing conditionalities to the process of electronic transmission of concluded election results, PDP described the decision of the APC-led senate as ‘an attempt to undermine the country’s electoral process,’ adding further that ‘the action of the APC senators is a direct affront and a defilement of the 1999 constitution, which confers operational independence on INEC to conduct elections free from interferences.’

“The action of the APC senators is an atrocious assault on the sensibilities of Nigerians, who looked up to the Senate for improvement in our electoral process in a manner that will engender free, fair and credible process.

“It is outrageous that the APC and its Senators, in their desperate bid to annex the Independent National Electoral Commission (INEC), seek to route a statutorily independent commission to the approval of an individual masquerading in the Nigeria Communication Commission (NCC); an agency under executive control in addition to an extra endorsement of the legislature, before conducting elections.

“This action of the APC senators is a direct affront, novel in its recklessness and a defilement of the 1999 Constitution (as amended), which clearly conferred operational independence to INEC to conduct elections, free from interferences and regulations from any other agency of government.

“The decision of the APC Senators, therefore, amounts to a suspension of the 1999 constitution (as amended) which is a recipe for crisis that could derail our democracy and destabilize our nation.

“It is, to say the least, a preparation for mass rigging of elections across Nigeria by the APC, which must be firmly resisted.”

The party, however, commended its own senators for their ‘resilience’ in voting for the electronic transmission of results.

“Our party, standing with Nigerians, however commends the PDP senators as well as other democratically minded senators in the chamber for their resilience in voting for unconditional electronic transmission of results, in line with the wishes and aspiration of Nigerians for free, fair, clean and credible election,” the statement read.

Also reacting to the development, Friday, former Speaker of the House of Representatives and now Governor of Sokoto State, Aminu Waziri Tambuwal, described the Senate’s action over the electronic transmission of election results as ‘patently unconstitutional.’

For the avoidance of doubt, S.78 of the Constitution provides that “The Registration of voters and the CONDUCT of elections shall be SUBJECT to the DIRECTION and SUPERVISION of Independent National Electoral Commission.

”In Third Schedule, Part 1,F, S.15: INEC has power to ORGANISE, UNDERTAKE and SUPERVISE all elections. The Constitution further provides that INEC OPERATIONS SHALL NOT be subject to the direction OF ANYBODY or AUTHORITY.

“Unquestionably, the mode of election and transmission are critical parts of the CONDUCT, SUPERVISION, UNDERTAKING and ORGANISATION of elections in Nigeria. Of course the National Assembly has power to flesh out the legal framework but that has to be consistent with the Constitution.

“These constitutional powers have been solely and EXCLUSIVELY PRESCRIBED BY THE CONSTITUTION to INEC, and CANNOT BE SHARED WITH the NCC, or any other Authority, and certainly not a body unknown to the Constitution. The Senate decision to subject INECs constitutional power to conduct elections to NCC is consequently patently VOID, unconstitutional and unlawful.

“We had earlier counselled that the mode of conducting elections and in particular the transmission of votes be left with INEC who would monitor developments and determine at every election the type of technology to be deployed to ensure free, fair and credible elections. INEC also has constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote is counted and that every vote counts,” the governor said.

Tambuwal who also doubles as Chairman of the PDP Governors’ Forum advised that if INEC determines that any part of the country is not covered by telecommunications network and as such electronic transmission of election is not possible, ‘it would by regulations determine the appropriate thing to do.’

“The decision of the House of Representatives to call on INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for our elections, seems to be a wise one, I therefore commend the Leadership and Hon Members of the House for this decision and further admonish them to remain on the path of patriotism and deepening of our democracy by engendering and strengthening free and fair electoral process

”In any case, I still believe that the best option is to leave this matter in the hands of INEC.

“We admonish INEC to be solely guided by the National interest and the desire of all Nigerians for a credible, free and fair elections in using its constitutional powers and in the deployment of error free technology”, said Tambuwal.

Also commenting, a former Director of Voter Education at the Independent National Electoral Commission, Oluwole Osaze Uzzi, Friday, said senators’ excuse for the rejection of electronic transfer of election results was a blatant lie.

He said the position that only about 48 per cent of the Nigerian space is covered by internet penetration was a big lie to cover up for what he called ‘breach of their oaths.’

Osaze-Uzzi advised INEC to proceed to the court to challenge the decision of the senate, saying the same law that sets up the senate set up the commission.