Senate Defends Retention of Clause 60(3 & 5) in Electoral Act, Citing Power and Infrastructure Challenges

The Nigerian Senate has addressed public concerns over its decision to retain Section 60(3 & 5) of the Electoral Act, 2022, explaining that removing the “real-time” requirement for electronic transmission of election results was necessary given the country’s infrastructure realities.

In a detailed statement, a Senate spokesperson clarified that while Clause 60(3) strengthens electoral integrity by mandating presiding officers to transmit polling unit results electronically to the INEC Result Viewing Portal (IReV), the current power and communication infrastructure across Nigeria cannot support mandatory real-time transmission nationwide.

The statement highlighted three key challenges:
Power Limitations: Nearly 43% of Nigerians lack access to grid electricity, and the national distribution network delivers only a fraction of generated power, making nationwide real-time operations of Bimodal Voter Accreditation System (BVAS) devices impractical.

Broadband Coverage: As of 2025, Nigeria’s broadband coverage stands at 50.58%, with over 21 million people in 4,834 communities still lacking basic mobile connectivity. Internet penetration is only 44.53% nationwide.

Connectivity Speed: According to the 2025 Speedtest Global Index, Nigeria ranked 85th out of 105 countries in mobile network reliability and 129th out of 150 countries in fixed broadband speed, far below global standards.

The Senate emphasized that real-time electronic transmission should not be conflated with electronic voting, noting that Nigeria still conducts manual voting and counting at polling units.

Once results are declared, they are electronically transmitted to the IReV, a system that has improved election transparency since 2020.

“Introducing mandatory real-time transmission now could trigger logistical failures and undermine public confidence in the 2027 elections,” the Senate statement said.

The spokesperson also noted ongoing efforts to improve the country’s infrastructure, citing the 2022 constitutional amendment transferring electricity to the concurrent legislative list, the 2025 Electricity Act reforms, and initiatives to attract investment in broadband and digital technologies.

By retaining Clause 60(3 & 5) with the deletion of “real-time,” the Senate said it struck a balance between strengthening electoral integrity and responding pragmatically to the nation’s infrastructure realities, ensuring a credible and peaceful 2027 electoral process.

“The Senate’s decision reflects careful, evidence-based lawmaking,” the statement concluded.

“It is guided not by sentiment or emotion but by the practical realities of our federation, ensuring the nation avoids unnecessary electoral crises while gradually building capacity for future reforms.”