The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026.

Before the passage, there was a rowdy session as the upper chamber resumed proceedings with a demand for division over Clause 60 raised by Senator Enyinnaya Abaribe (ADC/Abia South).

The Senate President, Godswill Akpabio, stated that he believed the demand had previously been withdrawn, but several opposition senators immediately objected to that claim.

Citing Order 52(6), the Deputy Senate President, Barau Jibrin, argued that it would be out of order to revisit any provision on which the Senate President had already ruled.

This submission sparked another uproar in the chamber, during which Senator Sunday Karimi had a brief face-off with Abaribe.

The Senate Leader, Opeyemi Bamidele, then reminded lawmakers that he had sponsored the motion for rescission, underscoring that decisions previously taken by the Senate are no longer valid.

He maintained that, consistent with his motion, Senator Abaribe’s demand was in line.

Akpabio further suggested that the call for division was merely an attempt by Senator Abaribe to publicly demonstrate his stance to Nigerians.

The senate president sustained the point of order, after which Abaribe rose in protest and was urged to formally move his motion.

Rising under Order 72(1), Abaribe called for a division on Clause 60(3), specifically concerning the provision that if electronic transmission of results fails, Form EC8A should not serve as the sole basis, calling for the removal of the proviso that allows for manual transmission of results in the event of network failure.

During the division, Akpabio directed senators who supported the caveat to stand.

He then asked those opposed to the caveat to rise.

Fifteen opposition senators stood in opposition.

However, when the votes were counted, the Senate President announced that 15 senators were not in support of the proviso, while 55 senators voted in support of it.

Earlier, proceedings in the Senate were momentarily stalled as lawmakers began clause-by-clause consideration of the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a motion to rescind the earlier amendment.

The motion to rescind the bill was formally seconded on Tuesday, paving the way for the upper chamber to dissolve into the committee of the whole for detailed reconsideration and reenactment of the proposed legislation.

During the session, the Senate President, Godswill Akpabio, reeled out the clauses one after the other for deliberation.

However, the process stalled when at clause 60, Senator Enyinnaya Abaribe (ADC/Abia South), raised a point of order, drawing immediate attention on the floor.

Following the intervention, murmurs spread across the chamber as lawmakers began speaking in small groups and approaching the Senate President’s desk for consultations.

The session immediately moved into a closed door session.

Before rescinding the Electoral Act, the red chamber raised concerns over the timing of the 2027 general elections and technical inconsistencies in the legislation.

Rising under Order 52(6) of the Senate Standing Orders, the Senate leader, Opeyemi Bamidele, moved the motion to reverse the earlier passage of the bill and return it to the Committee of the Whole for fresh deliberations.

He explained that the development follows the announcement by the Independent National Electoral Commission (INEC) of a timetable fixing the 2027 general elections for February 2027, after consultations with the leadership of the National Assembly.

He stated that stakeholders had raised concerns that the proposed date conflicts with the provisions of the amended law, particularly the requirement that elections be scheduled not later than 360 days before the expiration of tenure.

He further noted that upon critical review of the passed bill, the 360-day notice requirement prescribed in Clause 28 could result in the scheduling of the 2027 Presidential and National Assembly elections during the Ramadan period.

According to him, holding elections during Ramadan could negatively affect voter turnout, logistical coordination, stakeholder participation, and the overall inclusiveness and credibility of the electoral process.

The motion also highlighted discrepancies discovered 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. The identified issues reportedly affected cross-referencing, serial numbering, and internal consistency within the legislation.

Senator Orji Uzor Kalu says the National Assembly committee on harmonisation of the Electoral Act will meet today and finalise its decision on the bill.

Orji, an ex-governor of Abia State, said this on Tuesday during an interview on Channels Television’s Sunrise Daily.

“Regarding the feedback from Nigerians about the Electoral Act amendment, I can tell you it is on track. We had an emergency sitting last week, and we are having another one today. We were originally supposed to resume on the 24th, possibly for budget hearings, but we have shut down the budget hearings for now to focus on the Electoral Committee,” the Abia North lawmaker said on the breakfast show.

“I am a member of the Joint Harmonization Committee. I was in the office from 11 a.m. until 8 p.m. When they suggested we go to the Senate President’s house to harmonize our decision, I declined because I needed to eat and sleep after sitting at the National Assembly all day. That process—the harmonization—has officially started. You will hear from us soon.”

His comment came more than one week after the Senate appointed a 12-member committee to work with the House of Representatives for the harmonisation of the Electoral Act.

This was after the lawmakers opted for a flexible model for the transmission of election results, citing technical issues with the network.

The Senate approved the electronic transmission of results but omitted the “real-time” clause. It said the manual collation of results will be the backup option in cases of technological failure.

Their position differs from that of the House of Representatives, which approved the “real-time” upload of results from polling units to the Independent National Electoral Commission (INEC) Result Viewing (IReV) portal.

The Senate’s decision on Clause 60 (3) of the amended Electoral Act Bill prompted backlash from Nigerians and civil society organisations over the omission of the “real-time” phrase.

However, Kalu has defended the decision, saying it was in the best interest of Nigerians.

“What do you mean by real-time? We never discussed electronic voting; we talked about transmission. Voting is always manual. Transmission happens as we finish the job,” he said.

Senator Kalu also clarified his position about a trending video of him commenting on the electronic transmission of election results.

“Regarding the ‘no network’ comment—I said that six years ago. Some hoodlums on social media took that and claimed I wouldn’t vote for electronic transmission. That is not true. As a Christian, I can tell you 95% of senators support electronic transmission,” Kalu said.

“Back then, I said there was no network even in my village. Since then, the MD of MTN and my friend at Globacom (Mike Adenuga) have installed masts in front of my house. There is no more excuse.”

By Augustine Akhilomen

The recent decision of the National Assembly to accept the transmission of election results, after much intense pressure by Nigerians, from the polling unit may be seen as a welcome development; however, introducing manual collation to serve as a backup where technology fails also raised further eyebrows on their sincerity and commitment in ensuring a transparent and credible elections in 2027.

Before now, NASS had already blocked the e-transmission method, citing network hitches in nine states due to insecurity, and urging Nigerians to direct their grievance to INEC, the agency responsible for deployment of technology.

However, public outcry via protest from civil society groups, politicians, opposition parties and Nigerians from all walks of life further piled more pressure on the Assembly to reverse their decision, a situation that later paid off, albeit with a pinch of salt.

More importantly, under the reviewed section, presiding officers at polling units are to electronically transmit results to the IReV portal after voting and documentation are completed.

The amendment, however, provides that where electronic transmission cannot be carried out due to communication or network challenges, the manual result sheet, Form EC8A, will become the primary basis for collation and declaration.

Within this context, many Nigerians still question NASS’ decision to include the simple clause ‘manual collation,’ considering the fact that it could be capitalized on and manipulated during election day in 2027.

Many have indeed asked the Senate to remove any controversial provision that introduces discretionary clauses capable of weakening the guarantee of real-time electronic transmission of election results.

But then, the question that readily comes to mind is, who is afraid of the electronic transmission of results? In saner climes, political elites would seize the opportunity to cement their legacies and build a solid structure that guarantees free and fair elections, but Nigeria’s case is different. The reason isn’t far-fetched; the current political ruling class, according to critics, want to tighten its grip on power and maintain dominance over the people.

Besides, political observers are of the view that if real-time transmission of election results is allowed, over 98 percent of current officeholders won’t win reelection. This is because, they reasoned, they’ve not performed. Moreover, it would crumble their political empires, and no empire wants to fall. “The only bragging rights those in the current administration have are their Machiavellian approach, where the end justifies the means”.

Reacting to the development, Taiye Okimi, public affairs analyst, in a chat with Thepledge said achieving a credible election in 2027 under the current legislative framework would be “miraculous.”

According to him, “Electronic voting and transmission would have solved many of the problems we saw in 2023 and restored public confidence.

“With the current trajectory, it will be extremely difficult to conduct a free and fair poll in 2027.”

Corroborating Okimi’s response, a lawyer , Professor Ernest Ojukwu (SAN) described the Senate’s approval of both manual and electronic modes of transmission of election results as a mixed bag.

Ojukwu said, “On one hand, it may be intended to provide a backup plan in case of technical glitches or network challenges, ensuring the electoral process isn’t hindered. On the other hand, it may create loopholes for manipulation, as manual collation can be prone to errors or tampering.’

However, Prof. Gbade Ojo, a political scientist at the University of Ilorin, described the Senate’s decision to amend the Electoral Act to accommodate electronic transmission of results as a commendable step, warning that public expectations must be tempered by Nigeria’s technological realities.

“This electronic transmission Nigerians are enamored with was done in America, and there were allegations of foreign interference. Even JAMB experienced glitches, and we all saw what happened in the banking sector, where transfers hung for days. You cannot afford that kind of uncertainty in national elections,” he warned.

“You are forcing INEC to transmit results electronically when there is no electricity in many local government areas. That can lead to instability if election results cannot be declared promptly,” he said.

However, former Vice President Atiku Abubakar said electronic and manual transmission of election results could compromise the integrity of elections and create unnecessary confusion in the collation of results.

He spoke in an interview with newsmen shortly after a visit to retired General Ibrahim Babangida, former military president, in Minna last Tuesday.

Atiku said real-time electronic transmission of results remained the best option for credible elections in the country.

“Nigeria expected real-time electronic transfer for various levels of the election, but what we got is a mixture of electronic and manual transmission, which is going to cause more confusion or chaos.

“We should not allow it to rest where some people want it to rest. I do not support that,” he said.

Election observers, on their part, noted that electronic transmission was introduced to minimize human interference between polling units and collation centers, a stage historically associated with result manipulation.

Analysts however warned that removing a clear legal requirement for e-transmission risks reopening old vulnerabilities, potentially complicating the conduct of future elections.

In truth, Nigerians have been yearning for real-time electronic transmission of results so that our electoral process will be hitch-free and devoid of manipulations by politicians, most who are always desperate to win by all means. Most observers are also of the view that mandatory electronic transfer of results would drastically reduce the lack of accountability among political elites and make them more answerable to the people.

Nigerians would have to insist on this as the minimum demand and what we expect from the National Assembly to ensure free, fair and transparent elections. Because credible elections will ensure that the nation’s fragile democracy is sustained and public officials are more accountable.