“Only ‘In Real Time’ Was Removed Due To Network Issues, Transmission Itself Never In Dispute” — Sen. Umeh On Electoral Act Amendment

*Says Senate’s 85% Agreement Aims To Close Legal Gap, House Already Passed Version With Transmission

Senator representing Anambra Central, Victor Umeh, has clarified that the Senate unanimously approved electronic transmission of election results in the proposed Electoral Act amendments, contrary to public reports suggesting lawmakers endorsed only a “transfer” of results.

Umeh spoke on Thursday while appearing as a guest on Channels Television’s Politics Today amid growing public outrage over reports from the Senate’s consideration of the Electoral Act Amendment Bill.

He explained that the legislative process on the amendment was extensive and deliberate, involving first and second readings, zonal public hearings, consultations with stakeholders, and reports from a joint committee of the National Assembly.

“It takes a process to make a law. A bill must go through readings, public hearings and consultations before debate and passage. Laws are not made for the sake of it; they are made to solve problems,” Umeh said.

According to the senator, the amendment to Section 60 of the Electoral Act 2022, dealing with the transmission of election results, emerged as a major public demand during consultations nationwide.

He noted that the issue became critical following the 2023 general elections, which were widely disputed and eventually litigated up to the Supreme Court.

“During the presidential election cases, arguments were taken on whether results uploaded to the IReV portal had legal backing. The Supreme Court held that electronic transmission was not expressly provided for in the law and discountenanced such evidence,” he said.

Umeh said stakeholders agreed the law must be amended to provide for electronic transmission, so courts would not again dismiss electronically transmitted results as “unknown to law.”

He explained that both chambers of the National Assembly worked on the amendment independently, adding that the House of Representatives had already passed its version of the bill with clear provisions for electronic transmission.

According to him, when the Senate considered the bill in a closed executive session, there was overwhelming agreement in favour of electronic transmission of results.

“Over 85 per cent of senators agreed to electronic transmission. It was common ground. Even the ad hoc committee of the Senate agreed to it,” he said.

Umeh clarified that the only modification agreed to during the executive session was the removal of the phrase “in real time”, due to concerns about possible network challenges in some areas.

He said confusion arose during plenary when a motion was reportedly moved to replace the word “transmission” with “transfer” without debate.

“It was only ‘real time’ that was expunged because of network issues. Transmission itself was never in dispute.

“There was no debate on it. If debate had been allowed, it would have taken us back to the executive session where the issue had already been exhaustively discussed and resolved,” the senator said.

Umeh argued that replacing “transmission” with “transfer” would render the provision meaningless.

“You cannot talk about transfer to the IReV portal without electronic transmission. How do you transfer to a portal if it is not done electronically?” he asked.

Senator Umeh insisted that the Senate never agreed to revert to the wording of the 2022 Electoral Act, which referred to “transfer” of results.

Addressing public outcry over the development, Umeh said Nigerians’ reaction showed that the outcome of the plenary did not reflect what was debated and agreed upon.

He said that Nigerians expect a more credible and transparent electoral process.

However, he stressed that the legislative process was not yet complete, as the Senate had not adopted its Votes and Proceedings from the sitting.

“We have not finished. The Votes and Proceedings of yesterday have not been approved. It is only approved proceedings that go to the conference committee for harmonisation,” he said.

Umeh expressed confidence that the issue would be resolved during the harmonisation process with the House of Representatives.

“When we return to approve the Votes and Proceedings, the question will be asked whether it truly reflects what we did. I believe the agreed position on electronic transmission will be restored,” he said.

The Senate on Tuesday passed the Electoral Act Amendment Bill 2026, retaining the current provision that allows INEC to transfer results as it deems fit, rather than making electronic transmission mandatory.

It shortened election timelines, adopted BVAS while keeping the PVC as the only voter ID, reduced penalties for PVC trading to two years in jail with a ₦5m fine, and set up a conference committee to harmonise the bill.

The push to amend Section 60 of the Electoral Act 2022 stems directly from the legal disputes that followed the 2023 general elections.

During the presidential election petitions, arguments were presented on whether results uploaded to the Independent National Electoral Commission’s (INEC) Result Viewing (IReV) portal carried legal weight.

The Supreme Court ultimately held that electronic transmission of results was not expressly provided for in the Electoral Act 2022, and therefore, such evidence could not be considered as conclusive proof of election results.

This ruling highlighted a critical gap in Nigeria’s electoral legal framework and sparked nationwide demands for the law to be amended to explicitly authorize electronic transmission of results.

During the legislative process on the Electoral Act Amendment Bill, Senator Umeh explained that stakeholders across the country overwhelmingly supported the inclusion of explicit provisions for electronic transmission of results.

The consensus was that such an amendment would prevent future courts from dismissing electronically transmitted results as having no legal basis.

Senator Umeh noted that the House of Representatives had already passed its version of the Electoral Act Amendment Bill with clear provisions for electronic transmission of results.

This means that during the harmonisation process between both chambers, the House’s position would support the restoration of “transmission” in the final version of the bill.

The legislative process now awaits the approval of the Senate’s Votes and Proceedings from Tuesday’s sitting.

Once approved, the bill will move to a conference committee where both chambers will harmonise their versions before sending the final bill to the President for assent.

Senator Umeh expressed optimism that the confusion surrounding “transmission” versus “transfer” would be addressed and corrected during this harmonisation process.

However, if the word “transfer” is retained instead of “transmission,” critics argue that it would maintain the ambiguity that has characterized Nigeria’s electoral laws and could undermine public confidence in the electoral process.

Senator Umeh’s clarification that this was not the Senate’s actual position has provided some reassurance, but many are waiting to see whether the Votes and Proceedings will indeed reflect what he says was agreed upon.

The post “Only ‘In Real Time’ Was Removed Due To Network Issues, Transmission Itself Never In Dispute” — Sen. Umeh On Electoral Act Amendment appeared first on TheNigeriaLawyer.