By Andy Asemota
After the ding – dong over the decision of the National Assembly to subjugate the power vested in the Independent National Electoral Commission (INEC) to transmit electronically the results of the elections among the proposed amendments to the Electoral Act 2010, the new device unveiled by the electoral umpire on Tuesday has renewed the hope that the yearnings of majority of Nigerians for free, fair, and credible elections are not lost after all.
The Electoral Act Amendment Bill, 2021, was initiated to infuse reforms into the nation’s democratic system and electoral processes but the attempt ended in controversy after one of its most critical provisions, section 52 (3) suffered a still-birth.
Shortly before going on its annual recess in July, the upper legislative chamber amended the Senator Kabir Gaya – led committee’s report on the Electoral Act 2010 and subjected INEC to clearing with the National Communications Commission (NCC) and the National Assembly before it can transmit results electronically.
The majority of the senators who participated in voting on the clause 52 (3) of the report of the chairman of the Senate Committee on INEC on the bill to repeal the Electoral Act No.6, 2010 ( as amended) and enact the INEC Act, 2021, were in support of robbing INEC to pay NCC and NASS.
There is no doubt that the rejection of independent electronic transmission of results by INEC without the authorization of NCC was the most controversial amendment thrown into the Electoral Act by the Ninth Senate.
As the legislature prepares to resume from its recess next week, the INEC has reasserted its independence to transmit polls results electronically contrary to the resolution of the lawmakers.
The electoral umpire has brought the controversy over e-transmission back to the front burner with its declaration that it does not require the approval of any government outfit to discharge its constitutional mandate.
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The problem of polls results transmission is, to say the least worrisome. It is a glaring fall out of the loopholes in the electoral system that make it possible for some politicians and their collaborators to get away with manipulation of results through manual transmission between voting units and collation centres.
The position of INEC on electronic transmission was amplified by a National Commissioner and Chairman, Electoral Operations and Logistics Committee, Prof. Okechukwu Ibeano, at the commission’s third quarterly meeting with media executives in Abuja on Tuesday.
The media chiefs were told that INEC, rather than seek NCC’s approval, had a constitutional mandate to Impose duties on the communications commission. Prof. Ibeano insisted that section 160 of the 1999 Constitution underscored not only the independence of INEC but also vested powers on it to impose duties on any agency to facilitate its procedures.
On his part, the Chairman of INEC, Prof. Mahmood Yakubu, said the new device currently used by the commission for voter registration could also function as Bimodal Voter Accreditation System (BVAS), SCR and Z – Pad to ensure translated transparent management of results during elections.
The functions of the machine which include electronic transmission of results were demonstrated at the meeting with an assurance that the device would be deployed last Saturday, 11th September 2021, in a pilot exercise during the Isoko South 1 Delta State Assembly Constituency Bye-election and in Anambra State Governorship Election in November this year.
“We are convinced that the new machine is robust enough to further quarantine the credibility of voter authentication and transparent management of results during elections,” Prof. Yakubu noted.
He further said: “We believe this will eliminate the possibility of voting by identity theft using another person’s PVC. Where a voter fails both the fingerprint and facial authentication, he or she will not be allowed to vote. In order words, no electronic authentication, no voting. We are convinced that the new machine is robust enough to further guarantee the credibility of voter authentication and transparent management of results during elections.”
Indeed, the transparent transmission of results during elections is a challenge to the commission charged with polls conduct and administration in the country. It is a sign that our electoral process is yet to attain the best global practices. This is one of the main reasons for the Judiciary’s intervention in electoral processes resulting in conflicting court judgements and low turnout of eligible voters, according to various stakeholders.
Sadly, the National Assembly, in its wisdom, did not approve the quite compelling clause to check the electoral malaises that are a profound threat to enthrone the nation’s democracy on its right course.
Raising an alarm over voters’ apathy is not enough. Concrete measures must be put in place to plug the loopholes that do not only discourage eligible Nigerians from plunging into partisans’ politics but also dampened the enthusiasm of many eligible voters to perform their electoral responsibilities.
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The machines unveiled by INEC is indeed a wise step, in view of the dwindling voters’ turnout, which has been partly attributed to prevailing physically transmission of results of elections. If electoral malpractices can not be completely stopped, then no stone should be left unturned to ensure they are minimized.
The truth is the problem of results manipulation on transit is the challenge of collusion between politicians and electoral officials. Our laws should be strengthened so that non – compliance with electoral laws will attract stiffer penalties, while more measures are put in place to address the underhand dealings by some electoral officials.
It is regrettable that e – transmission was rejected by the National Assembly despite the advances the nation has recorded in embracing telecommunications and other modern scientific development. If our democratic system and electoral processes are strengthened and appropriate regulatory policies are put in place, it should be a thing of pride for every eligible citizen to partake in electing the nation’s political leaders at all levels.
Altogether, it has become imperative that both and executive and legislative arms of government should accept the merit of what INEC is doing to rebuild Nigeria’s electoral buffers. This will motivate polls dodgers and those concerned about the murky waters of Nigerian politics to confidently participate in the nation’s democratic process.
There is a compelling need for the National Assembly to amend clauses 52 (3) because the resolution of the Red Chamber and by concurrence that of the House of Representatives seeking to subjugate INEC to NCC is not in tune with present realities.
The 9th Senate under Senator Ahmad Lawan has passed the most important legislation in this dispensation – the Petroleum Industry Bill that was initiated in the Sixth Assembly by the administration of late President Umar Musa Yar’Adua. So, the abortion of electronic transmission should not define Senator Ahamad Lawan’s 9th Senate.
May I also draw attention to the fact that aside from the controversial clause insertion into the Electoral Act is deemed unconstitutional, the fears of Nigerians and international communities that the new electoral law is actually an agenda of a section of the National Assembly and some powerful forces in the corridor of power to compromise future polls should be promptly allayed?
