Electronic Transmission: David Mark Tells Senate to Pass Law, Not Speak for INEC

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David Mark

Former Senate President and Interim National Chairman of the African Democratic Congress (ADC), David Mark, has criticized Senate President Godswill Akpabio over comments on electronic transmission of election results, saying lawmakers should pass the law and allow the Independent National Electoral Commission (INEC) to decide how to implement it.

Mark spoke in Abuja while reacting to Akpabio’s defence of the Senate’s decision to reject mandatory electronic transmission of election results in the ongoing amendment of the Electoral Act.

Last week, Senate President Akpabio justified the Senate’s position by claiming that poor network coverage and insecurity have made electronic transmission impossible in at least nine states across the country. According to him, making electronic transmission compulsory could result in situations where elections are held but results cannot be transmitted.

Akpabio’s comments sparked fresh debate nationwide, with many Nigerians, opposition parties, civil society groups, and professional bodies arguing that electronic transmission is key to credible elections.

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Responding to the Senate President’s remarks, David Mark said Akpabio and the National Assembly should focus on their constitutional duty of lawmaking and stop speaking on behalf of INEC.

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“What the ADC is saying is, pass the law, and there should be electronic transmission,” Mark said. “Let INEC decide whether they can do it or not.”

According to Mark, Nigerians have clearly expressed their desire for electronic transmission of election results, and it is not the duty of lawmakers to decide operational issues meant for INEC.

“Don’t speak for INEC. Speak for the National Assembly,” he said. “What the public wants is let there be electronic transmission.”

Mark stressed that if INEC later finds it difficult to transmit results electronically in some areas, it should be left to the commission to handle such challenges within the law.

“If INEC cannot do it, it’s their own problem and not for you to speak for INEC,” he added. “It’s as simple as that.”

The former Senate President described the issue as being unnecessarily complicated, insisting that the focus should be on strengthening the law, not weakening it.

The debate is coming at a time when Nigeria is preparing for the 2027 general elections. Electoral reforms have become a major national issue following controversies that trailed past elections, including the 2023 polls.

Electronic transmission of election results has long been seen by many Nigerians as a way to reduce rigging, manipulation, and delays associated with manual collation of results. In previous elections, collation centres were often flashpoints for violence and disputes, leading to loss of lives and property.

In response to these challenges, INEC introduced technology such as the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV). These tools were meant to improve voter accreditation and allow results to be uploaded directly from polling units.

Although the 2023 elections recorded some improvements, there were also complaints about delays in uploading results and failure to transmit results in real time in some areas. These issues became central in several election petition cases.

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Despite the challenges, many observers believe that technology helped reduce some forms of electoral fraud and increased transparency in parts of the country.

However, during the ongoing amendment of the Electoral Act, the Senate rejected proposals to make electronic transmission of results mandatory. Instead, lawmakers retained the wording in the 2022 Electoral Act, which allows results to be transmitted “in a manner as prescribed by INEC.”

Critics argue that this wording gives too much discretion to INEC and does not provide a strong legal backing for real-time electronic transmission.

Akpabio has defended the Senate’s position, saying lawmakers must consider realities such as poor network coverage, power supply problems, and insecurity in some parts of the country.

But Mark disagreed with that approach, saying such operational challenges should not stop the National Assembly from passing a strong and clear law.

According to him, it is better to pass the law and allow INEC to explain any difficulties it faces in implementing it.

Mark, who served as Senate President from 2007 to 2015, is one of Nigeria’s most experienced lawmakers. His comments carry weight, especially coming from a former leader of the National Assembly who understands the lawmaking process.

The African Democratic Congress has also joined other opposition parties in calling for stronger electoral reforms. The party believes that transparent elections are necessary for democracy to thrive and for citizens to have confidence in the system.

Many civil society groups and professional bodies, including the Nigerian Bar Association, have also called on the National Assembly to make electronic transmission of results mandatory.

They argue that Nigeria should be moving forward by improving infrastructure and security, not by weakening electoral laws.

INEC has in the past acknowledged challenges such as poor network coverage, vandalism of telecom facilities, and insecurity. However, the commission has also maintained that it is committed to improving its systems ahead of future elections.

As discussions on the Electoral Act amendment continue, Nigerians are watching closely to see whether lawmakers will reconsider their position.

For many citizens, the issue goes beyond technology. It is about trust in the electoral process and the belief that votes will count.

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