The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Amendment Bill 2026, following intense deliberations and a division over Clause 60 concerning the electronic transmission of election results.
The passage of the Electoral Act Amendment Bill came after procedural disputes on the floor of the Senate, particularly over provisions relating to result transmission and compliance with the 2027 general elections timetable announced by the Independent National Electoral Commission (INEC).
Division Over Clause 60 and Electronic Transmission of Results
Proceedings resumed with a demand for division on Clause 60 raised by Senator Enyinnaya Abaribe (ADC, Abia South).
Senate President Godswill Akpabio initially stated that the demand had previously been withdrawn, a position that was immediately contested by several opposition senators.
Citing Order 52(6) of the Senate Standing Orders, Deputy Senate President Barau Jibrin argued that it would be procedurally improper to revisit a provision already ruled upon.
However, Senate Leader Opeyemi Bamidele clarified that he had sponsored a motion for rescission, meaning previous decisions taken by the Senate were no longer binding. He maintained that Senator Abaribe’s demand for division was procedurally valid.
Rising under Order 72(1), Abaribe called for a division specifically on Clause 60(3), seeking the removal of a proviso that allows manual transmission of election results where electronic transmission fails due to network issues. He argued that Form EC8A should not serve as the sole basis in such circumstances.
During the division vote:
- 15 opposition senators voted against retaining the proviso
- 55 senators voted in support of retaining it
The Senate President sustained the point of order, and the clause was upheld as passed.
Motion for Rescission and Fresh Deliberation
The motion to rescind the earlier passage of the Electoral Act Amendment Bill was formally seconded, allowing the Senate to dissolve into the Committee of the Whole for detailed reconsideration and reenactment of the legislation.
The Senate President proceeded to present the clauses one after another for review. However, proceedings stalled again at Clause 60 following Senator Abaribe’s intervention, prompting consultations on the Senate floor before the chamber moved into a closed-door session.
Concerns Over 2027 General Elections Timetable
Before rescinding the bill, the Senate raised significant concerns regarding the timing of the 2027 general elections.
Senate Leader Opeyemi Bamidele explained that INEC had announced February 2027 as the proposed date for the next general elections following consultations with the National Assembly leadership.
However, stakeholders expressed concern that the proposed timetable conflicted with provisions in the amended Electoral Act, particularly:
- Clause 28, which requires elections to be scheduled not later than 360 days before the expiration of tenure.
Bamidele noted that strict adherence to the 360-day requirement could potentially result in elections being held during the Ramadan period in 2027.
According to him, conducting elections during Ramadan may:
- Affect voter turnout
- Create logistical challenges
- Reduce stakeholder participation
- Impact the overall credibility and inclusiveness of the electoral process
Beyond election timing, lawmakers also identified discrepancies in the Long Title and several clauses of the bill, including:
Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93, and 143.
These inconsistencies reportedly affected:
- Cross-referencing
- Serial numbering
- Internal legislative consistency
The Senate moved to correct these technical inconsistencies to ensure legal clarity and coherence before final reenactment.
