Electoral Act: Nigerians have every reason to be mad at Senate – Ezekwesili

Leah TwakiFebruary 7, 20264 min

Ezekwesili has called on the Senate to reverse its decision of not making  real-time electronic transmission of election results mandatory, cautioning them to “stop playing with fire”

Former Minister of Education Oby Ezekwesili
Obi Ezekwesili

Former Minister of Education, Oby Ezekwesili, has said Nigerians are justified in expressing outrage at the Senate over its refusal to make real-time electronic transmission of election results mandatory in the Electoral Act (Amendment) Bill, warning lawmakers to “stop playing with fire.”

Ezekwesili made the remarks on Friday during an interview on Arise Television’s Morning Show, reacting to the Senate’s decision to retain provisions of the Electoral Act that give the Independent National Electoral Commission (INEC) discretion over how and when election results are transmitted.

As earlier reported by Parliament Reports, the Senate on Wednesday voted against a proposed amendment to Clause 60, Subsection 3 of the Electoral Act Amendment Bill, which sought to compel real-time electronic transmission of results from polling units.

Faulting the decision, Ezekwesili said the Senate deliberately retained Section 60, Subsection 5 of the Electoral Act 2022, which she described as the same loophole that eroded public trust during the 2023 general elections.

The fundamental issue with the review of the Electoral Act is that the Senate retained Section 60, Subsection 5 of the 2022 Act,” she said. “That section became infamous for the loophole it created for INEC, leading to a loss of trust among Nigerians.”

She said Nigerians had welcomed the amendment process as an opportunity to eliminate ambiguity and limit discretionary powers that had previously undermined electoral credibility.

Citizens embraced the chance to reform the INEC Act to address ambiguity and discretionary opportunities for INEC. However, the Senate approached it with a ‘let sleeping dogs lie’ attitude,” Ezekwesili said, adding that public anger was both expected and justified.

In a strongly worded public memo posted on her X handle and addressed to the Senate, the House of Representatives, and the wider political class, Ezekwesili accused lawmakers of repeatedly betraying public trust and prioritising partisan interests over democratic reforms.

The wisest advice the Nigerian Senate can receive now is to know when to stop playing with fire,” she wrote, describing the legislature as an institution widely perceived by Nigerians as “delighting in deliberate betrayal of public trust.”

She accused the Senate of attempting to mislead Nigerians by claiming it did not reject electronic transmission, despite refusing to make it mandatory.

What the Senate did is worse, and their denial is disingenuous,Ezekwesili said. “By deliberately retaining vague language that leaves the method and timing of transmitting results to INEC’s discretion, the Senate has once again weaponised ambiguity in our electoral law.”

According to her, the action was neither accidental nor a neutral legislative compromise, but a “calculated decision” taken despite lawmakers’ awareness of the fallout from the 2023 elections.

That same clause was at the centre of the crisis that fatally damaged the integrity of our democracy,” she said. “Real-time electronic transmission was promised in practice but not enforced in law, and when it failed, Nigerians were told to accept procedural explanations instead of verifiable outcomes.”

Ezekwesili warned that preserving the same ambiguity could endanger national stability ahead of future elections, stressing that optional and unenforceable electronic transmission offered no protection against electoral manipulation.

Electronic transmission that is discretionary and unenforceable is no safeguard at all,” she said. “Transparency is not the enemy of institutional independence.”

She urged the Senate to immediately reverse its decision by reconvening from its announced recess and passing a clear legal mandate for real-time electronic transmission of results.

I am certain the Senate now knows what it must do,Ezekwesili said. “Cancel the break, return to plenary in a broadcast session, and pass the exact reform that makes real-time electronic transmission mandatory.”

She concluded by warning that Nigerians’ restraint during the 2023 elections should not be taken for granted.

The country survived not because the system worked, but because citizens restrained themselves in the face of deep frustration,Ezekwesili said. “It is not wise to play with fire. Transparency is always better.”

OrderPaper designate

Leah Twaki

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