Can INEC Truly Handle Electronic Transmission?

The debate over Nigeria’s electoral integrity has been reignited following the recent Electoral Act 2026 amendments. While the National Assembly has introduced a "backup" manual transmission clause, newly surfaced documents from the Independent National Electoral Commission (INEC) suggest that the commission’s technical capacity has been ready for years—contrary to the narratives currently being pushed by lawmakers.

The Constitutional Mandate: INEC’s Independence

To understand the weight of this controversy, one must look at the legal foundation of the commission. Under Paragraph 15 of Part 1 of the Third Schedule to the 1999 Constitution, INEC is granted the absolute power to:

Organize, undertake, and supervise elections for the President, Governors, and National/State Assemblies.
Issue regulations and guidelines regarding voting procedures.
Determine the method of transmitting election results.

Crucially, Section 158 of the Constitution reinforces that INEC must exercise these powers independently, without being subject to the direction or control of any other authority or person—including the National Assembly.

The 2021 Revelation: Proof of Capacity

Despite claims from some quarters that Nigeria lacks the infrastructure for seamless electronic transmission, an official INEC position paper signed by Professor Mahmood Yakubu on September 9, 2021, tells a different story.

This 25-page report, which predates the current 2026 controversy, confirms that the commission had already spent over a decade conducting pilot programs for electronic results. The report details:

Strategic Objectives: Why electronic transmission is vital for eliminating manual collation fraud.
Network Readiness: Extensive engagements with the Nigeria Communications Commission (NCC) and Mobile Network Operators (MNOs) to ensure coverage even in remote areas.
Phased Implementation: A four-phase roadmap for electronic voting that has been in development for years.

The 2026 Amendment: A Safety Net or a Loopholes?

The current tension stems from the amended Clause 60(3) of the Electoral Act 2026. While it acknowledges electronic transmission, it includes a "proviso" allowing for a fallback to manual transmission in the event of a network failure.

The Expert Warning

Electoral experts and former officials, including former Resident Electoral Commissioner (REC) Mike Igini, have raised the alarm over this specific clause. The fear is that the "backup" manual method could become the default "norm," much like the controversial incident forms used during the 2015 and 2019 elections.

Critics argue that by mandating a manual fallback, the National Assembly may be inadvertently creating a loophole for the very electoral malpractices that electronic transmission was designed to prevent.

Why It Matters for 2027

As Nigeria moves closer to the next general election cycle, the question remains: Who decides when the network has "failed"? If INEC’s own internal reports from as far back as 2021 prove they have the capacity to transmit results digitally, the push for manual alternatives by the legislature raises significant questions about the future of transparency in Nigerian polls.

The clash between INEC’s constitutional independence and the National Assembly’s legislative oversight is setting the stage for a major legal and political showdown.