President Bola Tinubu on Wednesday signed the Electoral Act (Amendment) Bill 2026 into law, formally approving a controversial provision that makes electronic transmission of election results optional rather than mandatory.
The president assented to the legislation during a brief ceremony at the Presidential Villa attended by Senate President Godswill Akpabio, Speaker of the House of Representatives Abbas Tajudeen, Senate Leader Opeyemi Bamidele, Deputy Speaker Benjamin Kalu, and other senior government officials.
With the presidential assent, the amendment now becomes binding law and will guide the conduct of future elections in Nigeria.
Controversy Over Clause 60
Although the legislation contains 154 clauses, Clause 60 generated the fiercest debate within and outside the National Assembly. The provision makes the electronic transmission of results from polling units to the Independent National Electoral Commission’s Result Viewing Portal (IReV) optional.
The House of Representatives had initially passed a version of the bill in December mandating immediate electronic transmission of results to IReV after vote counting at polling units.
However, the Senate rejected compulsory transmission and retained the broader framework contained in the 2022 Electoral Act, which allows results to be transmitted to collation centres without imposing a mandatory electronic requirement.
The Senate’s stance triggered protests at the National Assembly complex and drew criticism from civil society organisations and election monitoring groups, many of whom argued that mandatory electronic transmission would strengthen electoral transparency and reduce manipulation.
In a dramatic reversal on Tuesday, the Senate revisited the clause but ultimately voted by division to maintain the optional provision. Fifty-five senators supported retaining electronic transmission as optional, while 15 voted to make it mandatory.
Among those who voted against the mandatory clause were Deputy Minority Leader Oyewunmi Olalere and Senator Amos Yohana (Adamawa North) of the Peoples Democratic Party (PDP). Senators who supported compulsory transmission included Enyinnaya Abaribe, Victor Umeh (Anambra), Natasha Akpoti-Uduaghan (Kogi), Ireti Kingibe (FCT), Seriake Dickson (Bayelsa), Aminu Tambuwal (Sokoto), and Abdul Ningi (Bauchi).
Following the Senate’s decision, the House of Representatives reversed its earlier position and adopted the Senate’s version, clearing the path for presidential assent.
EC8A Form as Primary Record
The amended law provides that in the event of internet failure, Form EC8A, the primary result sheet completed by the presiding officer at polling units, will serve as the foundational document for result collation.
Form EC8A has historically played a central role in election petitions, as courts rely heavily on it as the first official record of votes cast at polling units.
Despite the inclusion of this safeguard, critics maintained that making electronic transmission optional could weaken transparency and open room for disputes.
Tinubu Defends Amendment
Speaking at the signing ceremony, Tinubu commended lawmakers for managing what he described as a complex and sensitive legislative process.
He emphasised that democracy depends not solely on technological systems but on the integrity of those who operate them.
According to the president, Nigeria’s current broadband infrastructure raises legitimate concerns about sustaining mandatory real-time electronic transmission nationwide.
He argued that the electoral process remains fundamentally manual, noting that voters cast ballots physically, which are subsequently counted and sorted manually at polling units.
Tinubu maintained that retaining EC8A as the primary document would reduce the risk of technical glitches and potential hacking. He warned against overreliance on digital systems in a country still grappling with infrastructure limitations.
The president expressed confidence that the amendment would prevent disenfranchisement while safeguarding the credibility of the electoral process.
Public Reaction and Political Implications
Before the assent, civil society groups and several stakeholders had urged the president to withhold his signature until the mandatory transmission clause was restored. Their calls were ultimately disregarded.
The signing of the Electoral Act Amendment Bill 2026 is expected to shape political calculations ahead of subsequent general elections. Analysts note that the optional transmission framework could become a focal point of debate during campaign cycles and potential post-election litigations.
Whether the amendment enhances flexibility or weakens transparency will likely be tested in Nigeria’s next electoral contest.
