Mike Igini, former resident electoral commissioner (REC) of the Independent National Electoral Commission (INEC), has warned that a discretionary provision in the Electoral Act Amendment Bill could endanger polling officers during elections.
Igini issued the warning after the national assembly passed the amendment bill and before President Bola Tinubu signed it into law.
On Wednesday, Tinubu assented to the Electoral Act Amendment Bill (2026). He said the reforms would strengthen Nigeria’s democracy and ensure that no Nigerian is disenfranchised.
Clause 60(3) Under Scrutiny
The controversy centres on Clause 60(3) of the amended Act.
The clause states that election results shall be transmitted electronically, provided that communication does not fail.
Civil society organisations and opposition parties rejected the provision immediately after its passage. They argue that the conditional wording creates a loophole.
According to them, the phrase “provided that communication does not fail” gives polling officials discretionary power that can be abused.
Igini echoed the same concern during an interview on Arise Television’s morning programme.
‘Discretion Can Be Dangerous’
The former REC warned that the clause could put presiding officers at risk. Many of these officers are National Youth Service Corps (NYSC) members.
He said tensions may rise if voters see network signals on their phones but a presiding officer claims there is no connectivity for electronic transmission.
“When Nigerians are gathered at the polling unit and results have been announced, and everybody can see network on their phone, but the presiding officer says there is no network, you are putting that officer’s life in danger,” he said.
He added that discretionary power in such a sensitive environment could trigger confrontation at polling centres.
Fears of a Return to ‘Incident Form’
Igini compared the provision to the controversial “incident form” era.
Before INEC introduced the Smart Card Reader, officials used incident forms when voter authentication failed. Critics later accused politicians and electoral officials of abusing the system.
Igini warned that Clause 60(3) could create similar vulnerabilities if officials base electronic transmission on subjective claims of network failure.
He also recalled allegations of collusion in previous elections. Some actors reportedly produced duplicate Form EC8A result sheets with similar serial numbers.
“If two EC8A forms with similar serial numbers are produced and transmitted, which one will be accepted?” he asked.
Presidency’s Position
While signing the bill into law, Tinubu said the amendment would improve inclusivity and credibility in the electoral process.
He assured Nigerians that the law would not disenfranchise voters. He added that technology would continue to support transparency.
Supporters of the amendment say the conditional clause protects voters in areas with weak network coverage. They argue that it prevents technological failure from disrupting the voting process.
Critics disagree. They insist that ambiguous provisions in electoral laws often create room for abuse.
With the amendment now in force, attention has shifted to how INEC will implement Clause 60(3) ahead of the 2027 general elections.
