Electronic Transmission Under Electoral Act 2026 May Trigger Fresh Result Disputes Ahead of 2027 Polls

Stakeholders and election observers are already warning that the much-touted electronic transmission clause in the newly signed Electoral Act 2026 could open the door to the same problems that marred the 2023 general elections.

The law now requires presiding officers to electronically transmit polling unit results to the INEC Result Viewing Portal (IREV) after signing Form EC8A. Yet the provision includes a clear escape route: transmission can be skipped if there is “communication failure,” with the physical Form EC8A then becoming the primary document for collation.

NaijaChoice News has reviewed the new law and spoken with election experts who say this loophole will likely play out in several predictable ways on election day.

Most presiding officers will still attempt to transmit results using BVAS machines as required. However, many Nigerians may not see those figures appear on the IREV portal immediately, even when transmission is completed. The Act does not insist on real-time upload while agents are still at the polling unit, echoing the delays witnessed in previous cycles.

Some officers may simply declare “communication failure” without even trying to transmit. Others will make genuine attempts, yet the BVAS device will refuse to send data. In such cases, INEC has not outlined clear procedures or penalties beyond a general six-month jail term or N500,000 fine for wilful refusal, leaving room for confusion.

The biggest risk, experts say, lies in the multiple versions of the same polling unit result that the law still permits. These include the INEC certified true copy, the version stored inside the BVAS, the copy uploaded to IREV (if successful), the duplicate given to party agents, and the one handed to police officers. All five are supposed to match exactly. Any difference, analysts warn, will amount to institutional manipulation that could spark fresh court battles.

Despite these gaps, final results will still be announced once collation ends at state and national levels. Observers fear that visible discrepancies on IREV versus the physical forms will be explained away as network issues, with little accountability.

Civil society groups and opposition parties have already begun calling for stricter guidelines before the 2027 elections.