Ending The Cycle – Why Electronic Transmission Should Be Enshrined In The Electoral Act Before 2027

Nigeria's electoral framework has been plagued by persistent legal uncertainty, forcing courts to determine election outcomes. This uncertainty stems from a fundamental failure: the absence of strong regulatory processes backed by express statutory authority. With every election cycle, we rush to amend the Electoral Act. Yet we continue to grapple with the same challenges leading to continued rounds of amendments. This vicious cycle must end.

The 2023 election exposed a critical gap in our electoral legal framework. Despite INEC's deployment of the IReV portal for electronic transmission of results, the Supreme Court ruled that this innovation lacks legal force. The Court held that because electronic transmission is not expressly provided by the Electoral Act 2022 (appearing only in INEC's Regulations and Guidelines), it is not legally binding. And that the IReV portal serves merely for public viewing and is not admissible evidence of results in election petitions.