CSOs Pick Holes In Senate’s Revised Clause 60(3) Of Electoral Bill

A coalition of civil society organisations (CSOs) has faulted the Senate’s revised clause 60(3) of the Electoral Act (Amendment) Bill, which approved electronic transmission of election results with embedded loopholes, saying that would undermine electoral integrity.

The Senate on Tuesday approved the electronic transmission of election results to the Independent National Electoral Commission’s Result Viewing Portal, while allowing manual collation as a backup when technology fails.

However, in a statement yesterday, the coalition comprising CSOs, namely Centre for Media and Society (CEMESO), The Kukah Centre, International Press Centre (IPC), Elect Her, Nigerian Women Trust Fund, TAF Africa, and Yiaga Africa, said the conditions in the clause signal an electoral setback and it weakens the safeguards in the 2022 Electoral Act.

They called for adopting the position of the House of Representatives, which proposed mandatory electronic transmission of election results.

The CSOs, however, welcomed the Senate’s decision to rescind its earlier rejection of mandatory electronic transmission of election results from polling units, despite expressing serious concerns about some insertions in Clause 60(3).

These are: the “failure” clause, which they said created dangerous ambiguity, adding that the conditional language “provided if it fails and it becomes impossible to transmit” introduces troubling discretion in the results management process.”

According to the coalition, “the bill does not define what constitutes failure, how such failure is to be documented, or what verification mechanisms must apply. In the absence of clear safeguards, this clause risks creating a loophole that could undermine the very purpose of electronic transmission.

“Form EC8A as ‘Primary Source’: A Question of Hierarchy: Designating Form EC8A as the primary source of results may confirm that polling unit results are legally important.

However, it raises concerns about the legality and enforceability of electronically transmitted results. If the electronic copy is not treated equally, its value as a transparency safeguard could be weakened.

“Electronic transmission is not a symbolic reform. It is a structural safeguard designed to reduce manipulation between polling unit declaration and collation. Its strength lies in creating an immediate, verifiable audit trail. Making it optional or conditionally applied weakens its deterrent effect.

“The undersigned civil society organisations therefore call on the Conference Committee of the National Assembly to: “adopt the provision on mandatory electronic transmission as passed by the House of Representatives with proposed modification.

“The designated election official shall electronically transmit all election results in real time, including the number of accredited voters, directly from the polling units and collation centres to a public portal, and the transmitted result shall be used to verify any other result before it is collated”.

“Adopt the position of the House of Representatives, which approves downloadable missing and unissued voters’ cards to prevent potential voter disenfranchisement.”

The CSOs also called for the retention of the current provisions in the 2022 Electoral Act and the House of Representatives Electoral bill, which provide for 360 days’ notice of elections, 180 days for submission of candidate lists, and 150 days for publication of nominations by INEC.

“Ensure meaningful civil society and technical expert participation in the conference committee deliberations. Nigerian citizens have demonstrated through consistent advocacy that they demand and deserve transparent, credible elections. The Senate’s reversal shows that sustained civic pressure produces results. However, the work is not complete.

“We call on all Nigerians, civil society organisations, media, technology experts, political parties, and citizens to remain vigilant and engaged as this legislation moves through the conference committee,” they added.