From discretion to proof: Why electronic transmission of results must be anchored in law

In this article, Dr. Olarinre Salako argues that electronic transmission of election results should be firmly backed by legislation rather than left to the discretion of electoral authorities.

By Olarinre Salako

Published in The Nigerian Tribune: Monday Backpage Column— Systems and Society. February 16, 2026.

The Yoruba people say: “Tí igi bá wó lu igi, tòkè rẹ̀ làá kọ́ọ́ gbé.” When a tree falls on another tree, you first lift the one on top. This explains this column’s detour from Part II of last week’s topic to the ongoing national debate over electronic transmission of election results from Nigeria’s polling units.

The Foundation

Nigeria’s perennial post-election tension is not a technology problem. It is a legal-evidentiary problem.

We have been arguing at the wrong altitude. Whether transmission should be mandatory, real-time, hybrid, or network-dependent are engineering questions. The constitutional question is simpler and more serious: How do we make the will of voters provable?

That single phrase— “in a manner as prescribed by the Commission” —is the oxygen of discretion. It defines no method, no timing, and no evidentiary consequence. And tribunals do not enforce discretion. They enforce statute.

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