ELECTRONIC TRANSMISSION OF RESULT IN NIGERIA AND WHY …

ELECTRONIC TRANSMISSION OF RESULT IN NIGERIA AND WHY IT IS NECESSARY

JULY 2021

Electronic transmission or transfer of results remains a significant proposal in the Electoral Act amendment in the current electoral reforms process in Nigeria. The credibility of an election’s outcome is determined by the culmination of interconnected processes of voting, counting of votes and collation of results. In the eco-system of election administration on election day, the voting process and the results collation process are significantly the most important in determining the outcome of the election. Accordingly, guaranteeing that votes count requires a credible voting process that ensures that only duly accredited voters vote, that there is strict compliance with the electoral law and guidelines and that the votes counted are truly the votes collated. The introduction of electronic accreditation of voters in Nigeria enabled the limitation of multiple voting and easy manipulation of voters records. Based on Yiaga Africa’s Watching the Vote observation reports, the Independent National Elections Commission (INEC) has recorded major success in the deployment and usage of the Smart Card Readers (SCRs). In the 2019 Presidential election, the card readers were deployed in 99% of polling units, and they functioned throughout the day in 93% of polling units1. For the Edo 2020 governorship election, smart card readers were deployed in 100% of polling units and they functioned throughout the day in 85% of polling units2.

1https://www.yiaga.org/yiaga-africa-watchingthevote-preliminary-statement-on-the-2019-presidential-election2https://watchingthevote.org/yiaga-africas-watching-the-vote-process-and-results-verification-statement-on-the-2020-edo-gubernatorial-election/ 3https://watchingthevote.org/process-and-results-verification-statement-on-the-2020-ondo-governorship-election/

Similarly, card readers were deployed in 100% of polling units and in 88% of polling units, they functioned throughout the voting process during the Ondo 2020 governorship election3.

The improvement in the voter’s accreditation process did not totally solve the challenge of transparency in the electoral process as the results collation process. This is because the results collation process remains the weakest link in Nigeria’s elections. The collation process has increasingly become susceptible to manipulation, fraudulent review of results at the collation centre’s, wrong computation of results, violence and attacks on election officials. To address this challenge, INEC tested the deployment of technology to transmit results from the polling units level alongside the manual collation of results. This provided an additional oversight over the results collation process for INEC. However, regardless of the success of the electronic transmission of results in Edo and Ondo 2020 governorship election, if it is not legalised through the Electoral Act, the process will remain ad-hoc and a mere policy introduction by INEC. This means that candidates/parties cannot sufficiently present data from electronically transmitted results in court to challenge the outcome of the election. It also means that the result collation system will remain susceptible to electoral fraud and manipulation.

02 ELECTRONIC TRANSMISSION OF RESULTS IN NIGERIA

In 2018, Yiaga Africa reported that INEC successfully transmitted results using the smart card readers in 77% of the polling units during the Ekiti State governorship election4 and in 75% of polling units in the September 2018 Osun governorship election5. By 2020, the

Electoral Commission improved on its processes by introducing the Z-Pad technological device used to send polling units level results to a dedicated online portal, INEC Result Viewing (IReV)6. The Z-pad was first deployed during August 8, 2020, Nasarawa central constituency bye-election as a test-run and in the Edo governorship election, the Z-Pad was used to take photos of the polling unit form EC8A result sheets.7 During the Edo and Ondo State Governorship elections in 2020, hours after voting was concluded, and collation commenced, it was reported that results from 90% and 75%8 of the polling units in the States respectively, were uploaded to the INEC portal using the ‘Z Pad’. These results were accessed on time, even before the collation process was concluded.

As observed by Yiaga Africa, in Edo and Ondo governorship elections, by midnight on election day, about

90% of the polling units level results were uploaded on the INEC election results portal. This was a game-changer in these elections as voters, candidates, election stakeholders could visit the portal and view or download polling units level results. The INEC result

4https://www.yiaga.org/watchingthevote-preliminary-process-statement-on-the-2018-ekiti-gubernatorial-election-25https://watchingthevote.org/preliminary-process-statement-on-the-2018-osun-gubernatorial-electio6Premium Times: EXPLAINER: Edo 2020: What you need to know about INEC’s new online results portal https://www.premiumtimesng.com/regional/south-south-regional/415459-explainer-edo-2020-what-you-need-to-know-about-inecs-new-online-results-portal.htm7Premium Times: EXPLAINER: Edo 2020: What you need to know about INEC’s new online results portal https://www.premiumtimesng.com/regional/south-south-regional/415459-explainer-edo-2020-what-you-need-to-know-about-inecs-new-online-results-portal.html8Channels TV: Ondo Election: 75% Of Results Uploaded To Portal, Says INEC. https://www.channelstv.com/2020/10/10/ondo-election-75-of-results-have-come-in-says-inec-official/9International Foundation for Electoral Systems (IFES): Nigeria Post-Election Survey. https://www.ifes.org/sites/default/files/2019_post-election_survey_in_nigeria_key_findings.pdf10Vanguard: Yiaga scores Edo governorship election outcome: https://www.vanguardngr.com/2020/09/yiaga-scores-edo-governorship-election-outcome/

portal enabled and will enable Nigerian’s view results from polling units in near real-time on election day. It is important to mention that, the electoral outcomes in Edo and Ondo 2020 Governorship Elections were reported to be widely acceptable.

In a 2019 Post-Election Survey conducted by the International Foundation for Electoral Systems (IFES), more than half of the sampled respondents aged between 18-55+ years expressed “great deal of confidence” and “a fair amount of confidence” with regards to the adoption of Electronic Transfer of Results. Of the respondents surveyed, only 6% in the North West, 7% in the North-East, 7% in the north-Central, 12% in the South West, 12% in the South East and 7% in the South-South geo-political zones expressed no confidence in adopting electronic transfer of results9. Based on this report, beyond the capacity of INEC to deploy electronic transmission of results, a larger percentage of citizens support and desire the adoption of electronic transmission of results in Nigeria’s elections.

In addition, with the success recorded by INEC via uploading polling unit results in Edo and Ondo State, Yiaga Africa, had in its Election Observation Report on the 2020 Edo Gubernatorial Election called on the National Assembly to accelerate reforms to the electoral act to legalize electronic transmission of results”10. This was an ardent call in addition to the demands from Civil society organisations and international partners recommending for a new Electoral Law that guarantees the electronic accreditation, voting and transmission of results for transparent elections.

TESTING AND ACCEPTABILITY OF ELECTRONIC TRANSMISSION OF RESULTS IN RECENT ELECTIONS IN NIGERIA

03ELECTRONIC TRANSMISSION OF RESULTS IN NIGERIA

WHAT ARE THE

FEARS?THE EFFICIENCY OF THE TECHNOLOGY

ABILITY TO DETECT FRAUD

Understandably, there are questions as to whether or not electronic transmission of results are as safe and efficient as they are postured to be. It is imperative to state that no electronic system is 100% failsafe. There is always the possibility, no matter how small, for things to go wrong. Errors are possible, even with the most advanced technologies in place. Nonetheless, experts assert that the introduction of technology in elections offers an extremely high level of security and confidence as they are considered to be far safer than manual systems which are often prone to flagrant rigging. For Nigeria, the demand for the electronic transmission of results is founded on the need for a complementary system, legalised to serve as an additional check to the manual collation of results. The success recorded during the test run in previous elections in Nigeria is an indication that INEC can efficiently transmit results from polling units.

Political actors who want power at all costs and would not mind sacrificing the common good of the Nation in exchange for their selfish interests may be apprehensive of the electronic transmission of results. This is because the technology outmanoeuvres the gimmicks of mischievous by politicians who are constantly bent on collaborating to falsify genuine polling unit results. These practices of manipulating results have either been through wrong computation of polling unit results at ward collation centre’s, violence and unscrupulous attacks on election officials and facilities so results can be declared under duress in their favour. This incendiary practice has resulted in retrogressive societal development, low voter confidence vis-a-vis turnout in our elections and increased incidence of violence and voter/citizens’ dissatisfaction in the process. It is therefore normal for this category of politicians to go any length to impede provisions in our electoral framework that legalizes electronic transmission of results from polling units.


PRESENCE OF INFRASTRUCTURE FOR NATIONAL DEPLOYMENT OF ELECTRONIC TRANSMISSION OF RESULTS IN NIGERIA

Nigeria is a leading African mobile telecom market and as of September 2012, Nigeria had reached a subscriber base of 107 million. Reports have shown that the mobile penetration level in Nigeria was at 65.8% based on a population estimate of 162.5 million in September 2012.11 A current report from the Nigerian Communications Commissions (NCC) revealed that as of May 2021, network penetration in Nigeria with respect to the active lines for Mobile (GSM) was at 184, 695, 465 with a total connected Mobile (GSM) at 296, 646, 228.12 The report further revealed that teledensity was at 97.98%. Moreover, there is already heavy reliance on technology in other sectors of the economy from internet banking, identity management, to examinations amongst others. In 2019, Yiaga Africa deployed the Parallel Vote Tabulation (PVT) to observe the Presidential election with 3906 observers deployed in different polling units in each of the 774 local government areas (LGAs). As of 10 am on election day on February 23, 2019, the Yiaga Africa Data centre had received reports via SMS from 99% of the polling units across the 774 LGAs. For the 2020 governorship election in Ondo, INEC was able to upload 100% of its polling unit level results from all the 3009 polling units at the end of the polls, even from hard to reach areas in Okitipupa, Ilaje and Ese-Odo LGAs. It is important to note that the test run in Ondo was quite enlightening with the success recorded in a state with difficult terrains. The ability of the INEC officials to upload the polling units level results from about 90% of the polling units in the state by midnight on election day, is an indication that INEC can sufficiently achieve a national deployment with a national technology assessment and data-informed planning.

11https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2013/03/GPM-Market-Analysis-West-Africa-.pdf12https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2013/03/GPM-Market-Analysis-West-Africa-.pdf

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BENEFITS OF ELECTRONIC TRANSMISSION OF RESULTS

IMPORVED OVERSIGHT OVER THE ELECTION RESULTS PROCESS:

The deployment of electronic transmission of results in Nigeria will ensure an additional system by INEC and citizens for effective oversight over the results collation process.

CITIZEN VERIFICATION OF ELECTORAL OUTCOMES:

The electronic transfer of results also grants the public access to polling unit results faster and inspires confidence in the process. This is because citizens can track the election results as INEC collates the results on election day and can verify the electoral outcomes. Citizens trust the outcome of elections when the results announced by INEC correlates with the polling units level results transmitted electronically.

IMPROVED VOTER TURNOUT:

Voter turnout in Nigeria since 1999 has consistently dwindled, owing to the low level of confidence citizens' have in the electoral process and outcomes. This is usually the case, especially where citizens feel that their votes are being tempered with and hence do not count in an election. By legalising electronic transmission of polling unit results, citizens will be more disposed to fulfilling their civic obligation of voting, knowing that their vote will count. This will in turn help to reverse the negative trend currently being experienced with regards to voter turnout in Nigeria.

FASTER RESULT COLLATION PROCESS:

With the electronic transmission of results, INEC will be able to extract votes/results from polling units faster than they would have via physical movement. This will also enable the Commission to provide adequate oversight over the result collation process.


ELECTORAL FRAUD IS MINIMIZED AND MADE INEFFECTIVE: Election results from polling units to collation centres will no longer be at the mercy of subversive elements and other orchestrated logistical challenges that currently delay and subject polling unit results to compromise. Once it becomes impossible to tamper with election results from the polling unit level, it also becomes difficult to rig citizens votes as well, hence citizens become confident that all votes will count.

REDUCED ELECTORAL CONFLICTS AND VIOLENCE: The electronic transmission will directly improve citizens’ confidence in electoral outcomes, which may minimize the incidence of conflict and post-election violence. Ensuring that results are transferred from polling units to a designated database automatically makes rigging ineffective. This move, if adopted, will not just increase citizens' confidence and trust in our electoral outcomes but may also minimize the incidence of post-election conflicts and violence.

IMPROVED SECURITY FOR ELECTION OFFICIALS: Election officials are usually at risk of violence perpetrated on election days. Considering that most polling units are heavily guarded by citizens and security officials alike, assailants usually target these officials when results are manually transferred to collation centres. This has led to situations where results are collated under duress. With the introduction of electronic result transmission, this pattern of violence and insecurity becomes useless and ineffective, as certified true copies would have already been uploaded or transferred electronically by the election official. This also guarantees the security of the lives of these polling officials as they come under less or no pressure to compromise by declaring non-existent results.

To incorporate the electronic transfer of results into the Nigerian electoral system, any law that bars or prohibits INEC from transmitting election results electronically from the polling unit must be prevented. It is therefore incumbent on the National Assembly to ensure that electronic transmission of results is legalized in Nigeria’s electoral framework for the benefit of all Nigerians. For the purpose of emphasis, the proposed section 50(2) in the Electoral Amendment Bill should be reviewed to legalize electronic transmission of results from polling units.

It is imperative to restate that all National Assembly Members are representatives of all Nigerian Citizens and are vested with making laws that benefit all Nigerians. The Legislators are employees to citizens and should only take actions that benefits Nigerian citizens. Anything else is an aberration. Citizens must remain vigilant and keep the pressure on their legislators in the Senate and House of Representatives until we have an Electoral Amendment Bill that reflects the wishes of the people. After the bill is passed in the National Assembly, the next phase should be the demand for the President to assent to the Bill.

CONCLUSION


You can obtain your legislator’s contact from:

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@yiaga 3, Frantz Fanon Street, 17th Road, 4th Avenue, Gwarimpa Estate, Abuja.

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