Agency Report
The Senate on Tuesday resolved that the Independent National Electoral Commission (INEC) is now free to determine the mode of transmission of results during elections, including electronic transmission or manual transmission.
This represents a reversal of its earlier resolution that INEC can transmit elections results electronically with approval from the Nigerian Communications Commission (NCC) and the National Assembly.
The Senate also approved an amendment to the Electoral Act which provides that political parties would henceforth use only the direct mode of primaries to nominate candidates for elections.
The Senate had earlier approved a provision in the Electoral Bill that allowed parties to use either direct or indirect mode of primaries in nominating candidates for elections during primaries.
Another amendment approved by the Upper Chamber is the provision that empowers INEC to use electronic voting machines during elections.
The resolutions of the Upper Chamber followed a motion titled: “Motion for recommittal” sponsored by the Senate Leader Yahaya Abdullahi (Kebbi North).
Abdullahi, in his lead debate, said the Senate: “Recalls that the Electoral Act No. 6, 2010 (Repeal and re-enactment) Bill, 2021 was passed by the Senate and the House of Representatives.
“Observes that after critical examination of the Bill by the Senate Committee on INEC, some fundamental issues which require fresh legislative action on the following clauses – 43, 52, 63, and 87 were observed.
“Desirous of the need to address the observation by the Committee and make necessary amendments; and
“Relying on order 1(b) and 53(6) of Senate Standing Order.
“Accordingly resolves to: Rescind its decision on the affected Clauses of the Bill as passed and re-commit same to the Committee of the Whole for consideration and passage.”
Order 1(b) of the Senate Standing Orders reads: “In all cases not provided for hereinafter or by Sessional or other Orders or practice of the Senate shall by Resolution regulate its procedure.
Also, Order 53(6) of the Senate Standing Orders reads: “It shall be out of order to attempt to reconsider any specific question upon which the Senate has come to a conclusion during the current session except upon a substantive motion for rescission.”
The approval followed an amendment to Clause 52(3) of the Electoral Act (amendment) Bill by Senator Aliyu Abdullahi (Niger North) during the consideration of a report by the Senate Committee on the Independent National Electoral Commission (INEC).
The Senate deliberated on and adopted the recommendations contained in a Bill titled: “A Bill for an Act to repeal the Electoral Bill 2021, No. 6, 2010 and enact the Electoral Act 2021, (SB.122).”
The Senate amended Clause 52(2) of the Electoral Bill to read that: “Subject to section 63 of this Bill, voting at an election and transmission of results under this Bill shall be in accordance with the procedure determined by the Commission, which may include electronic voting.
Clause 63 (5) of the amended Bill reads: “The Presiding Officer shall transfer the results including a total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.”
In its remarks, the Senate said that “the amendment will address the concern that informed the initial draft on possible disenfranchisement and security of results.
“The amendment has tied the section 63 which provide safeguards that authentic results must be counted, entered into forms, signed by Presiding Officers and announced at the polling units before transfer