The All Progressives Congress (APC)-dominated ninth National Assembly intensified its desperate moves to frustrate the plans by the Independent National Electoral Commission (INEC) to transmit poll’ results electronically during the 2023 general elections when the President of the Senate, Ahmad Lawan, and the Speaker of the House of Representatives, Femi Gbajabiamila, announced a lopsided conference committee that would decide the fate of the electoral umpire to achieve a free, fair, transparency and credible exercise.
Members of the APC in the Senate had in July, amended the report of the joint National Assembly committee on INEC by altering the panel’s recommendation in Section 52 (3) of the bill which empowers the electoral body to transmit election results where and when practicable.
The APC senators in their new amendment subjected the powers of INEC to transmit election results electronically to the approval from both the National Communications Commission (NCC) and the National Assembly.
The panel’s recommendation and the APC senators new amendment were subjected to vote and the ruling party lawmakers who dominated the chamber, had their way.
The situation was however different in the House of Representatives as the legislators across the APC and the opposition Peoples Democratic Party (PDP) retained the joint National Assembly panel’s report which approved that INEC was free to transmit poll results, where and when practicable.
The only legislative solution to the impasse was for the presiding officers of each chamber to set up separate conference committee which would meet and harmonise the two positions.
Lawan picked the Senate Leader, Yahaya Abdullahi, as the head of the seven member conference committee which had five All Progressives Congress members and two members of the Peoples Democratic Party.
They included Senators Abdullahi (APC), Kabiru Gaya (APC North-West), Ajibola Basiru (APC South-West), Danjuma Goje (APC North-East), Uche Ekwunife (PDP South-East), Sani Musa (APC North-Central), and Mathew Urhoghide (PDP South-South).
A close observation of the seven-member committee revealed that only one of them (Urhoghide) voted in support of the electronic transmission of results when there was a division on the issue.
Ekwunife was not available to cast her vote while the remaining five senators on the team, voted against the electronic transmission of results.
The team is expected to meet with those of the House of Representatives which the Speaker, Femi Gbajabiamila, announce on Tuesday, to vote on the knotty issue.
Gbajabiamila, also followed the footsteps of Lawan when he unveiled his own lopsided conference committee.
Members of the ruling APC who have expressed opposition to the electronic transmission of election results enjoy a clear majority in the Gbajabiamila’s committee.
Only two out of the seven-member committee are from the opposition PDP.
They are, Akeem Adeyemi as Chairman (APC/Oyo State), James Faleke (APC/Lagos), Chris Azubogu (PDP/Anambra), Ahmad Kalambaina (APC/Sokoto), Blessing Onuh (APC/Benue), Aisha Dukku (APC/Gombe) and Unyime Idem (PDP/Akwa Ibom).
Adeyemi, is Chairman of the House Committee on Communications that oversees the Nigerian Communications Commission.
The NCC had earlier told the lawmakers that Nigeria currently lacks the technical capacity to adopt electronic transmission of election results.
At the moment, public attention has shifted to both chambers of the National Assembly to do justice to the issue as the conference committee begins their work this week.
However, INEC had pre-empted the outcome of the conference committee by releasing a 25-page Position Paper on the matter.
The electoral umpire reiterated its capacity, readiness and ability to deliver elections with integrity using appropriate and available technology, including the one for the electronic transmission of election results.
The commission detailed its successful pilot programmes and engagements from 2018 with the Nigerian Communications Commission and Mobile Network Operators through a committee, which reached the conclusion that it was possible for INEC to transmit poll results electronically from any part of Nigeria.
The INEC position paper dispelled misconceptions on the issue and made it abundantly clear that all the commission requires was the enabling and legal framework to deploy available technology for the electronic transmission of election results.
The commission also described as breach of constitution, any suggestion that it should obtain attestation from the NCC or approval of the National Assembly before the exercise of its statutory mandate, including the electronic transmission of poll results.
By this clarification, the ball is now squarely in the court of the legislature to meet the yearnings of the majority of Nigerians for the delivery of free, fair, transparent and credible elections in the country, using appropriate, available and tested technological tools!
The Executive Director of Yiaga Africa, Samson Itodo, in his reaction wondered why the Senate decided to subject INEC’s power to transmit election results electronically to the approval of the National Assembly and the NCC.
He said, “By all standards, the Senate’s position amounts to a constitutional overreach, as it violates Section 78 and Third Schedule Part 1(F) S.15 of the 1999 Constitution, which stipulates that INEC shall not be subject to the direction of anybody or authority.
“ INEC and other stakeholders have strongly condemned the Senate and urged the harmonisation committee when constituted to adopt the House of Representatives’ position.
“A recent report released by Yiaga Africa contradicts the NCC’s position that Nigeria is ill-prepared for electronic transmission of results.
“Data from the 2019 Presidential Election Parallel Vote Tabulation shows that election results were transmitted electronically from the polling unit using the Smart Card readers.
“Since August 2020, INEC has conducted elections and transmitted election results from 20 states and the FCT, covering 26 constituencies spread across 83 local government areas.
“The Yiaga Africa report validates INEC’s position on its preparedness to deploy technology to transmit election results fully. Unfortunately, the Senate insists on retaining its position on the e-transmission of results.
“Public interest should always supersede partisan private interests. As custodians of the public interest, elected representatives are required to respect the will of the people when making laws.
“Jettisoning amendments like the electronic transmission of results and electronic voting will betray public trust, considering the current realities and the clamour for these rules.
“The Electoral Act provides a broad framework for elections management; therefore, the nitty-gritty of the electoral process should be confined to electoral guidelines and regulations.
“Aside from the unconstitutionality of the Senate’s position, one of the concerns expressed by stakeholders is the probability that data privacy and confidentiality may be compromised.
“If the Senate’s provision is adopted, Mobile Network Operators may be forced to divulge technical and confidential information to politicians in the National Assembly.
“The National Assembly could withhold approval if the MNOs decline to share confidential information, thereby jeopardising the electronic transmission of results and other innovations in the future.”
Similarly, the Spokesperson for the Southern Nigeria Frontier, Olufemi Lawson, condemned the Lawan-led Senate for allegedly leading a revolt against the Nigerian electorate with its action.
He said, “Sincerely speaking, there is really no other impasse on the electronic transmission of election results by INEC, other than the one being instigated by the National Assembly against itself.
“One is really forced to ask, what particular interest the Ahmad Lawan-led Senate, is trying to satisfy, by attempting to illegally become an umpire in our elections.
“The constitution is very clear about this and if you you look at it, it essentially states the powers of the INEC to by rules or otherwise regulate its own activities and secondly, the powers of the Commission to impose duties on any officer or authority in the land for the purposes of carrying out its function, and this is the real essence of the Independence of INEC.
“What the National Assembly is desperately trying to do, about the power of INEC to transmit results electronically, is absolutely unconstitutional.
“You cannot be deciding that for INEC to transmit the election result it has to get the approval of another agency of government when actually; INEC has powers to impose duties on NCC to achieve the transmission of electronic results, if it so wishes.
“It is hoped that INEC will not allow itself to be violated by these desperation of the National Assembly and Nigerians will continue to oppose this attempt by the National Assembly, to introduce another umpire not known to our constitution, into our elections”
The Executive Director, Civil Society Legislative Advocacy Centre, Auwal Musa Rafsanjani, expressed deep concern over the composition of the Conference Committee which he said had more members who voted against the electronic transmission of poll results.
Rafsanjani said, “If you look at the composition of the Committee from the Senate, you would see a careful attempt by the Senate President to ensure geopolitical representation of the different zones in the country.
“This is absolutely not a problem, rather it is in the spirit of ensuring country-wide representation.
“ Although, there is the concern of having more of the people who voted against e-transmission of results in the committee, it still remains a reflection of how the members voted.
“The essence of amending the electoral law is to improve on the quality of elections to ensure free, fair, and credible elections in Nigeria.
“It is clear that Nigeria needs to maximize the technological growth that has been recorded in the country to make elections better.
“The lawmakers have simply voted against e-transmission of results in their personal interests and not necessarily in the reflection of the interests of their constituents.
“There is the question of the constitutionality of the National Assembly in asking for the Independent National Electoral Commission to seek approval from the Nigerian Communication Commission to transmit results electronically as provided in the bill.
“Such a provision is tantamount to, and erodes the independence of INEC.
“The constitution has provided INEC the requisite independence and powers to improve on elections in Nigeria, as it has been done in the past with adoption of card reader machine and quite recently, the Bi-Modal Voter Accreditation System.
“INEC must be allowed to work within its independence and powers to advance technology to improve our elections without any restrictions through unpopular legislations.
“It is a good thing that the National Assembly has felt the impulse of Nigerians on e-transmission of election results and have felt the need to constitute a committee to look deeply into the matter.
“The impasse between the National Assembly and INEC have been noted by Nigerians and there is the growing fear of signing the amendment to effect before the 2023 elections.
“The members of the Committee as constituted must look beyond personal interest and put the future of the country at large first.
“This is the position of every well-meaning Nigerian. We must take advantage of every technological advancement within our grasp to improve our elections for better credibility.
“We must get our elections right if we must get good governance right in Nigeria.” The Secretary General of the Campaign for Democracy, Ifeanyi Odili, alleged that the composition of the Senate Conference Committee was aimed at achieving a predetermined result.
He said, “The composition of the Conference Committee was tailored towards achieving the same purpose.
“No single member of the APC in the National Assembly will allow that bill to sail through because, that will be injurious to their evil manipulation of election results between the voting centres and collation centres.
“We should not also forget that they are all products of election rigging. They have all failed their respective constituencies, hence they are afraid to face the electorate in clean and fair contests.
“They know that 95 per cent of them will not smell the hallowed chambers if the e-transmission was part of the Electoral Act.” – Punch.
