Situation Room’s Reaction to the Swift Presidential Assent to the Electoral Act

Issued in Abuja: 10:00 am on Friday, 20th February 2026

Reaction to Swift Presidential Assent to Electoral Act

The Nigeria Civil Society Situation Room is deeply concerned that speedy presidential assent was granted without addressing fundamental gaps in the implementation of the electronic transmission of results to the IReV portal despite sustained public calls for amendments that would unequivocally guarantee transparency in result management. At a time when Nigerians are demanding stronger democratic institutions, this development risks signaling tolerance for opacity in the electoral process.

While the speedy passage should have been commended, it is being watered down with the failure of the new law to make electronic transmission of election results to the IReV portal without exception mandatory. This deliberate omission represents a serious regression in Nigeria’s electoral reform trajectory and undermines one of the most strongly demanded safeguards for transparency, credibility, and public trust in elections.

Electronic transmission of results is not merely a technological preference; it is a democratic accountability mechanism. By leaving its implementation subject to the availability of connectivity rather than compulsory, the law introduces ambiguity that could be exploited to manipulate results, weaken verification processes, and erode citizens’ confidence in electoral outcomes. This contradicts years of reform advocacy, stakeholder consultations, and lessons learned from recent elections and election petitions.

It would be recalled that the 2023 post-election Tribunals and Courts followed the precedent set by the Supreme Court in Oyetola v. INEC after the Osun State Governorship Election in 2022 to hold that the INEC Results Viewing Portal (IReV) is not a collation system and that the results transmitted to the Result Viewing Portal is to give the public at large the opportunity to view the polling unit results on the election day. This was reaffirmed by the Supreme Court in the Presidential case of Atiku V. INEC where the apex court held that the Electoral Act, 2022 did not specifically provide that the results of the election shall be electronically transmitted. INEC itself who introduced and made a commitment to use this technology in the 2023 general elections argued against this clause in court. The National Assembly has now also rejected the opportunity to fix this gap by taking recommendations and making the appropriate legislation on this.

We therefore state the following:
• The amended law, in its current form, falls short of the minimum standards required to guarantee credible elections.
• The absence of a mandatory electronic transmission clause weakens electoral integrity safeguards.
• This decision threatens to reverse public confidence gains made in recent electoral cycles.
• An urgent review and the corrective legislative action required on the clause for electronic transmission to make it mandatory without conditions.
The Situation Room and the Movement for the Transformation of Nigeria (MOTION) is also planning a National Day of Action in this regard and will make further announcements.

SIGNED:
Yunusa Z. Ya’u
Convener, Nigeria Civil Society Situation Room

Mma Odi
Co-Convener, Nigeria Civil Society Situation Room

Celestine Odo
Co-Convener, Nigeria Civil Society Situation Room
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