Author: Gist Correspondent

Senate President Godswill Akpabio has dismissed criticisms trailing the Senate’s ongoing amendment of the Electoral Act, insisting that commentators and civil society actors are misjudging the legislature based on an incomplete legislative process and a poor understanding of parliamentary procedures.

Akpabio spoke in Abuja while delivering remarks as the special guest of honour at the unveiling of a book titled The Burden of Legislators in Nigeria, authored by Senator Effiong Bob.

Addressing the controversy over the removal of the phrase “real-time” in the electronic transmission of election results, the Senate President said the Senate had not concluded work on the amendment and that public debate at this stage was premature.

“The Electoral Act amendment is incomplete. We have not finished the process, yet people are already on television criticising it. They do not understand lawmaking,” Akpabio said, adding that no Senate decision is final until the Votes and Proceedings are adopted.

He explained that the Votes and Proceedings stage allows senators to correct, amend or clarify decisions taken on the floor before final approval, stressing that only after that stage can the Senate’s position be considered definitive.

“When the Votes and Proceedings are brought out, any senator can rise to say, ‘On clause three, this was what we agreed upon.’ That is the only time anyone can properly say what the Senate has done or not done,” he said.

Akpabio criticised what he described as “abuse” of the legislature by some commentators and civil society actors, accusing them of attempting to impose their views on lawmakers. He maintained that the Senate was not intimidated by such attacks.

Explaining the rationale behind the controversy, Akpabio said the concern was that mandating “real-time” electronic transmission could trigger legal disputes where network failures occur during elections.

“All we said was that the word ‘real time’ should be removed. If you insist on real time and there is a grid failure or network outage, someone will go to court to argue that the transmission was not done in real time,” he said.

According to him, the Independent National Electoral Commission (INEC) should retain the discretion to determine the mode and timing of result transmission within the framework of the law.

He warned that insisting on real-time transmission could invalidate election results in areas affected by insecurity or poor network coverage.

“In more than nine states where networks are not working due to insecurity, there would be no election results. If the national grid collapses and networks fail, results nationwide could be challenged,” he said.

Citing a Supreme Court ruling, Akpabio noted that Nigeria’s infrastructure remains inadequate and that electronic transmission is supplementary to the statutory collation process. He explained that results are primarily documented on Form EC8A and physically moved through the various collation levels, from polling units to the national collation centre.

The Senate President further stressed that the Electoral Act amendment bill had not completed the bicameral legislative process, noting that a conference committee would harmonise differences between the Senate and House of Representatives versions before final passage.

“It is only after this process that anyone can say the National Assembly has passed an amendment to the Electoral Act,” he said, urging critics to allow the legislative process to run its full course.

Akpabio cautioned that electoral reforms must be grounded in legal and institutional capacity, warning against imposing technological requirements beyond the country’s infrastructure.

“Technology must serve democracy; it must not endanger democracy. Progress must not bring about injustice,” he said.

He also warned that mistrust of institutions without a proper understanding of legislative procedures could weaken democracy, stressing that democratic governance should be guided by principles rather than passion.

Reflecting on the 2023 general elections, Akpabio noted that the existing Electoral Act produced competitive outcomes, including losses by the then ruling party in key states such as Lagos and Kano.

“This same Electoral Act made the incumbent party lose in several places. New parties won whole regions under the same law, whether real-time electronic transmission was provided for or not,” he said.

Akpabio concluded that laws should be made for posterity rather than partisan advantage, saying they must endure beyond individual interests and political cycles.

Earlier, the National Chairman of the African Democratic Congress (ADC) and former Senate President, Senator David Mark, who chaired the occasion, urged the National Assembly to pass the bill and allow INEC to determine its operational feasibility.

“Pass the law and let INEC decide whether it can do real-time electronic transmission or not. Don’t speak for INEC,” Mark said.

Several speakers at the event, including Akwa Ibom State Governor, Pastor Umo Eno, and the book reviewer, Professor Maxwell Gidado (SAN), commended Senator Bob for authoring the book, describing it as a courageous effort to highlight the challenges faced by Nigerian legislators.

In his remarks, the author, Senator Effiong Bob, listed challenges confronting lawmakers to include electoral disputes, conflicts with governors and political godfathers, judicial annulment of victories, managing constituents’ personal demands and other self-inflicted pressures, stressing that “the courage to defend democracy lies in the legislature and its members.”