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Why Real-Time Transmission of Results from Over 170,000 Polling Units Is an Overreach

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Tinubu

Tinubu electoral overreach warning urges lawmakers to avoid rigid real-time transmission rules that could destabilise Nigeria’s elections

In 1992, Tinubu won his election under an hostile military junta. In 2003, under the most notorious election rigging machinery in Nigeria’s history, presided over by Obasanjo, the South West was brazenly rigged.

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Also read: Electronic Transmission and the Myth of a Silver Bullet

Not because the opposition mocked him, but because Obasanjo, the sitting president, was being mocked by his own party for lacking support in his own region.

The AD controlled the entire South West, while he was a PDP president, and even PDP governors were already plotting to dump him for Atiku to run for a second term.

So the rigging was aimed at reclaiming the region.

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There were widespread reports of inflated figures and implausible turnout in the election Maurice Iwu led INEC conducted under Obasanjo.

In some states, where for example there were 10,000 registered voters, PDP won with 15,000 votes. Registered voter numbers were exceeded by votes cast.

The figures are illustrative, but the pattern was real. In effect, it was as if nobody died, nobody travelled, nobody relocated, nobody was sick, nobody stayed away.

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Every single registered voter showed up, and then some more. Only Lagos stood firm and refused to bow.

Tinubu has never lost a single election under a government not run by his party because he understands one simple truth: power is built, not begged for. You stay. You organize. You mobilize. You build from the bottom up.

You do not whine about the system, you master it by winning the hearts of people from your base.

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All these victories came under extremely hostile governments that controlled the full machinery of power and personally targeted him.

No technology. No electronic transmission. No biometrics. Everything was manual: accreditation, voting, recording, collation.

Yet the system, imperfect as it was, still produced outcomes.

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There was no demand impossibilities.

There was no insistence on perfection before participation.

For years, every right thinking Nigerian has been calling for improvement in our electoral system. I am one of them.

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President Tinubu, as an opposition figure who suffered the effects of massive rigging in the South West, consistently clamoured for reform too.

But he never demanded the weaponisation of technology over common sense.

Obasanjo presided over the 2007 election, adjudged the worst in Nigeria’s history.

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Even his handpicked candidate, late President Umaru Yar’Adua, openly admitted that the election that brought him to power was massively flawed.

That was why he aligned with voices like Tinubu’s, who was in opposition at the time, in calling for electoral reform. To his credit, Yar’Adua initiated it.

Since then, Nigeria has been amending the Electoral Act with common sense, not by demanding technological impossibilities.

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Today, however, a new standard is being proposed that ignores both Nigeria’s realities and global electoral practice.

The idea that results must be transmitted electronically, from over 170,000 polling units, in real time, to a central server, is not reform. It is technological overreach.

Nigeria does not have 100 percent telecommunications coverage.

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There are entire communities where voice calls fail, data services collapse, and electricity is unreliable.

To insist that every polling unit must transmit results instantly, without exception, is to build failure into the system.

Even the most advanced nations do not transmit results from all polling booths simultaneously in real time.

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No serious democracy sets that bar, because technology fails, networks go down, servers crash, and redundancy does not eliminate risk, it only reduces it.

For me, if these noise makers are demanding technological overreach, the National Assembly must put on its thinking cap.

My suggestion is simple: if the transmission clause must be included, it should only be with a clear condition that in the event of network failure or eventuality, INEC must revert to manual result sheets and physical collation.

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After all, what is being uploaded in real time is just a screenshot of the results sheet. We cannot afford to be pushed into chaos.

Asking the National Assembly to amend the Electoral Act to mandate real-time electronic transmission from every polling unit to a dedicated server is not about transparency.

It is about creating conditions for inevitable breakdown, disputes, and paralysis.

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Once transmission fails in some areas, what happens next.

Do we cancel results. Do we halt collation.

Do we suspend the election. Do we plunge the country into another avoidable crisis.

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Reform must strengthen elections, not weaponize technology against them.

Technology should support the process, not become its weakest link.

A system that works only if everything goes perfectly, in a country where basic infrastructure still struggles, is not a system built for democracy.

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It is a system built for stalemate.

The real work of democracy remains what it has always been: organizing, mobilizing, persuading, and building from the ground up.

Elections are won by people, not by servers.

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Also read: Kingibe: E-Transmission Still in Electoral Bill

And no democracy survives by demanding miracles from technology instead of building institutions that can function in the real world.

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Opinion

Facebook Nigeria vs ARCON’s judgment: Not about fine but consumer protection at risk of vulnerability

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Facebook

By Ewa Izuchukwu,

It’s no longer news that the Federal High Court sitting in Lagos has recently set aside the ₦60 billion regulatory fine the Advertising Regulatory Council of Nigeria (ARCON) impose on Facebook Nigeria Operations Limited (FNOL) in October 2024. Hon Justice Yelim Bogoro’s decision in suit FHC/L/CS/2205/2024 has been reported widely in the days since, and much of that reporting has fixated on the size of fine, sixty billion naira which, as expected will make the headlines.

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Read more: Court Confirms ARCON’s Oversight Powers on Outdoor Advertising

But the fine itself is close to old news, and any editorial honestly reckoning with this judgment has to say so plainly. As far back as April 2025, Justice Akintayo Aluko, sitting in the same Federal High Court in Lagos, had already settled whether ARCON may impose fines directly.

In Digi Bay Limited (trading as Betway Nigeria) v. ARCON, Justice Aluko held that a fine is a judicial act reserved for a competent court or the Advertising Offences Tribunal, not an administrative agency, and declared ARCON’s fine against Betway unconstitutional and void.

ARCON appears to have absorbed that lesson in the cases that followed including Godec Power Nigeria Ltd. v. ARCON in November 2025, Watercress Hotel International Limited v. ARCON in June 2026, as the agency confined itself to regularisation of exposed unapproved adverts and Advertising Tribunal referrals.

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By the time Facebook Nigeria’s case came up for judgment, that question had already been asked and answered a year earlier. Voiding the fine was, by that point, close to a formality.

Which is precisely why the fine is the least interesting part of Justice Bogoro’s judgment, and why the media narrative being pushed largely missed the real story.

The issues that ought to be commanding attention are the fourth and fifth decisions of the Federal High Court which set out to determine whether Meta Platforms Inc. and Facebook Nigeria Ltd are separate and distinct legal entities, and whether Facebook Nigeria acted as an agent of Meta in Nigeria.

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On both counts, the court held that ARCON had failed to discharge the burden of proof, finding no evidence of a corporate nexus beyond the two companies’ separate legal existence, and therefore no basis on which Facebook Nigeria could answer for anything connected to Meta’s platforms. This means, money can be made by Facebook in Nigeria market, but accountability and responsibility will shift to the Head Office in the USA which claimed it’s out of Nigeria’s legal jurisdiction.

Those findings and subsequent decision, not the fine imposed, are what should have produced a press statement or shape media narrative as these are landmark decisions.

The evidentiary gap in the ruling

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The conclusion is, on its face, startling, because the relationship between Facebook Nigeria and Meta is not exactly a secret that requires forensic excavation.

Meta’s own terms of service, unchanged for years, identify Facebook, WhatsApp and Instagram as products of Meta Platforms, Inc. Facebook Nigeria Operations Limited’s very name signals its function as an operating entity for Meta’s Nigerian market, its representatives based in Lagos, its correspondence running through Meta’s own domains.

That such linkages could be found legally unproven raises the question of whether the necessary homework was done by the Hon Court to arrive at finding that runs against easily verifiable commercial reality.

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That concern deepens against the longer background of ARCON’s own dealings with Meta. This was not the regulator’s first attempt to pin accountability on a Meta-linked entity in Nigeria.

In October 2022, ARCON sued Meta Platforms directly alongside its Nigerian agent, AT3 Resources Limited, over the exposure of unvetted advertisements shown to the Nigerian audience, in Abuja.

That Abuja case lingered for close to two years, shuffled between several adjournments, without ever being tested on the merits, before ARCON’s counsel discontinued it in July 2024. It was withdrawn. That withdrawal cleared the ground for the fresh dispute that would eventually surface in Lagos as Facebook Nigeria sue ARCON.

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Particularly interesting is that this is not the first time Nigerian courts have entertained proceedings against Meta without putting the burden of or insisting that litigants first unravel every layer of the company’s global corporate architecture.

Most recently in the Falana v. Meta Platforms Inc. case, the Lagos High Court permitted proceedings arising from the alleged unauthorised use of the human rights lawyer’s name and image on Facebook, treating Meta as the proper party without placing the burden on the claimant to establish the nexus between Meta Platforms Inc. and Facebook before assuming jurisdiction.

Similarly, the Federal Competition and Consumer Protection Commission fined the company $220 million for abusing Nigerian users’ data, treating Meta as answerable in Nigeria without requiring anyone to first prove an elaborate corporate map.

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If one Nigerian regulator could establish that accountability, the difficulty ARCON says it encountered doing something similar deserves closer scrutiny.

Several attempt by META INC to use corporate separateness in other countries failed 

Nigeria is not the only jurisdiction where Meta has tried to use corporate separateness as a shield, and other courts have not been so easily persuaded.

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In Kenya, Meta argued for years that it could not be sued over the treatment of Facebook content moderators because it did not directly employ them.

Kenya’s employment court rejected that, ruling that Meta was the primary employer because the moderators did Meta’s work and were held to its metrics, and that Sama was “merely an agent”; Kenya’s Court of Appeal upheld that decision despite Meta’s claim to be a foreign company outside the court’s reach.

In Australia, the fact pattern was almost identical to Nigeria’s. A case brought by the Australian Information Commissioner concerned Facebook Inc, serving North American users, and Facebook Ireland, serving everyone else; Facebook Inc argued it could not be conducting business in Australia because only Facebook Ireland was, with no assets or revenues of its own there.

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The Full Federal Court rejected that, treating the data-processing arrangement between the two entities as evidence Facebook Inc itself was conducting business in Australia, and separately refused Facebook Inc’s bid to escape service of process.

The European Union offers a third instance, involving the very architecture Meta uses to separate its foreign operations from its American parent. Facebook Inc. routes non-US, non-Canada business through a distinct Irish company, Facebook Ireland Ltd, described in its own filings as the data controller for those users, structured to keep the US parent at arm’s length from foreign regulators.

It did not work indefinitely: Ireland’s Data Protection Commission fined the Irish subsidiary itself a record €1.2 billion and ordered it to halt unlawful transfers to its own parent.

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Even inside the United States, Meta has run the same play against its own government. In a Vermont lawsuit over Instagram’s design and its effects on teenagers, Meta argued it could not be sued there because neither it nor the app had specific ties to the state; Vermont countered that Instagram’s large teen user base there was enough.

The US Supreme Court declined to hear Meta’s appeal in May 2026, leaving it exposed in a suit naming both Meta Platforms, Inc. and Instagram, LLC.

National Security & Who answers when it matters?

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This is where the fixation on fine has led the conversation astray. The money was never really the point but whether anyone in Nigeria can be held to account for what happens on these platforms which is a critical part of the digital economy.

If a court has found, on the evidence before it, that a platform’s local entity bears no legal relationship to the global parent that owns and profits from it, the country has stumbled into a template for regulatory evasion that extends well past Meta, to every multinational platform and organisation doing business in Nigeria.

Facebook and Instagram are not neutral pipes. They are marketplaces where cars, phones, drugs, and, on occasion, weapons and other contraband get advertised to Nigerian audiences; where scams targeting bank accounts run, and where harmful content reaches Nigerian children.

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So, to ask the plain question this judgment leaves hanging… when a fraudulent investment scheme, a counterfeit pharmaceutical, or worse is advertised to Nigerians through Facebook or Instagram, who is answerable in a Nigerian court? If Facebook Nigeria Operations Limited has just been found to bear no proven relationship to the platform it operates, the honest answer is no one in this country. That is a national security and economic-sovereignty question that deserves an urgent answer.

This judgement may start a new window of corporate separateness, become a challenge to accountability and responsibility which multi nationals and global organisation may explore with Nigerians unfortunately being dealt the short end of the stick.

Also read: Napoli Threaten Disciplinary Action Against Lukaku

In the interest of the public, the judiciary owe Nigerians beyond legal technicalities and prima facie evidence, the obligation to do an extensive review on this case to protect the generality of the public. Until then, the fine everyone is talking about is the least of what this judgment may cost the country.

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