The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026 after a tense and, at times, rowdy session marked by sharp disagreements over electronic transmission of election results and the timing of the 2027 general elections.
Proceedings in the upper chamber became heated during clause-by-clause consideration of the bill, particularly over Clause 60, which addresses the transmission of election results.
The controversy began when Senator Enyinnaya Abaribe (ADC, Abia South) demanded a division on Clause 60(3), specifically objecting to a proviso that permits manual transmission of results where electronic transmission fails.
Abaribe called for the removal of the caveat allowing reliance on manual transmission in the event of network failure, insisting that Form EC8A should not serve as the sole basis under such circumstances.
Senate President Godswill Akpabio initially stated that he believed the demand for division had earlier been withdrawn. However, several opposition senators objected, prompting further debate.
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 by the presiding officer.
His intervention triggered another round of uproar in the chamber, during which Senator Sunday Karimi briefly exchanged words with Abaribe.
Senate Leader Opeyemi Bamidele then clarified that he had sponsored the motion for rescission of the earlier decision on the bill, thereby nullifying previous resolutions and reopening the matter for reconsideration. He maintained that Abaribe’s demand was consistent with the motion.
Akpabio, however, suggested that the call for division was aimed at publicly demonstrating a political stance. He subsequently sustained the point of order and directed Abaribe to formally move his motion.
Rising under Order 72(1), Abaribe pressed for a division. During the voting process, Akpabio instructed senators supporting the proviso to stand, followed by those opposing it.
Fifteen opposition senators stood against the caveat, while 55 senators voted in support, thereby retaining the provision that allows manual transmission where electronic transmission fails.
Clause-by-Clause Review and Closed-Door Session
Earlier in the day, the Senate had resolved to rescind its prior passage of the bill, enabling a fresh clause-by-clause reconsideration. The motion for rescission was formally seconded, and the Senate dissolved into the Committee of the Whole to review the proposed legislation in detail.
As Akpabio reeled out the clauses for deliberation, the process stalled again at Clause 60 following Abaribe’s intervention. Lawmakers were seen consulting in small groups and approaching the Senate President’s desk before the chamber eventually moved into a closed-door session.
Concerns Over 2027 Election Timetable
Before rescinding the earlier amendment, the Senate had raised concerns over the alignment of the new law with the timetable for the 2027 general elections announced by the Independent National Electoral Commission (INEC).
Moving the rescission motion under Order 52(6), Senate Leader Bamidele explained that INEC had fixed the 2027 general elections for February 2027 after consultations with National Assembly leadership.
However, stakeholders warned that the proposed date could conflict with the amended law’s requirement that elections be scheduled not later than 360 days before the expiration of tenure.
According to Bamidele, the 360-day notice requirement under Clause 28 could potentially push the presidential and National Assembly elections into the Ramadan period.
He noted that holding elections during Ramadan might adversely affect voter turnout, logistics, stakeholder participation, and the overall credibility of the electoral process.
The Senate also identified technical discrepancies in the bill’s Long Title and multiple clauses, 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.
The inconsistencies reportedly involved cross-referencing errors, serial numbering issues, and internal drafting irregularities.
With the bill now passed after reconsideration, attention will shift to harmonisation with the House of Representatives, where applicable, and eventual presidential assent.
The latest amendments are expected to shape the legal and operational framework for the 2027 general elections, particularly regarding electronic transmission of results and compliance with statutory election timelines.
