The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, ending hours of tense deliberations and a heated debate over Clause 60.
The session highlighted the intensity of legislative scrutiny as senators engaged in robust discussions, raised multiple points of order, and examined technical inconsistencies in the bill.
Proceedings began with Senate President Godswill Akpabio reading the bill clause by clause.
At Clause 60, which deals with the transmission of election results, Senator Enyinnaya Abaribe (ADC/Abia South) raised a demand for a division, arguing that certain provisions could compromise the integrity of the process.
His intervention drew immediate attention, prompting murmurs across the chamber and consultations at the Senate President’s desk, eventually moving the session into a closed-door meeting.
Akpabio noted that he believed the demand for division had been previously withdrawn.
However, opposition senators quickly challenged this, escalating the session into a rowdy exchange.
Deputy Senate President Barau Jibrin, citing Order 52(6) of the Senate Standing Orders, argued that revisiting a provision already ruled on by the Senate President would be out of order.
The statement sparked further disagreement, with Senator Sunday Karimi briefly confronting Abaribe during the heated exchange.
Senate Leader Opeyemi Bamidele, who had sponsored the motion for rescission, reminded senators that previous decisions on the bill were no longer valid and emphasized that Abaribe’s demand was fully consistent with the motion.
Akpabio suggested that the call for division represented a strategic effort by Abaribe to demonstrate his stance publicly to Nigerians.
Following deliberations, the Senate President sustained the point of order and urged Abaribe to formally move his motion.
Rising under Order 72(1), Abaribe called for a division on Clause 60(3), specifically addressing the provision that Form EC8A could serve as the sole basis for results if electronic transmission failed.
He proposed removing the allowance for manual transmission in cases of network failure, arguing that it could create opportunities for discrepancies or manipulation.
During the division, Akpabio directed senators supporting the caveat to stand and asked those opposed to rise.
Fifteen opposition senators opposed the caveat, while 55 senators voted in favor, officially passing the provision as amended.
Earlier in the session, the Senate had temporarily stalled proceedings to conduct a detailed clause-by-clause review of the bill, following the motion to rescind the earlier amendment.
The motion was formally seconded, enabling the Senate to move into the Committee of the Whole for in-depth deliberation and re-enactment of the proposed legislation.
Senators debated technical inconsistencies, cross-referencing issues, and procedural matters that needed resolution to ensure the bill’s integrity.
A major point of discussion was the timing of the 2027 general elections, which INEC had scheduled for February 2027.
Senate Leader Bamidele, rising under Order 52(6), explained that the motion to rescind followed consultations with INEC and National Assembly leadership.
Stakeholders raised concerns that the proposed election date conflicted with Clause 28, which requires elections to be scheduled at least 360 days before the expiration of tenure.
Bamidele also highlighted potential challenges if elections coincided with Ramadan, noting possible impacts on voter turnout, logistics, stakeholder participation, and the overall inclusiveness and credibility of the process.
The motion further highlighted technical discrepancies within the bill, including issues in the Long Title and multiple clauses—specifically 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 affected serial numbering, cross-referencing, and internal coherence, prompting senators to call for careful review before final enactment.
During deliberations, lawmakers emphasized that the Electoral Act must ensure clarity, transparency, and credibility in Nigeria’s electoral processes.
Abaribe, in particular, insisted that Clause 60 needed to explicitly prevent reliance solely on manual results forms in case of electronic failure.
He argued that any ambiguity could undermine public confidence and electoral integrity.
Several senators echoed this concern, calling for measures that would strengthen oversight and minimize opportunities for disputes.
Despite the disputes, the Senate eventually passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, signaling a commitment to updating Nigeria’s electoral framework ahead of the next general elections.
The vote reflected a balance between safeguarding electoral integrity, addressing technical inconsistencies, and accommodating the operational realities of INEC.
With the passage of the bill, the Senate has taken a decisive step toward modernizing the electoral process, ensuring that provisions such as Clause 60 are aligned with technological, legal, and procedural standards.
Lawmakers noted that the careful review and amendment of the Electoral Act would contribute to credible elections, protect voters’ interests, and promote transparency across all stages of the electoral cycle.
The passage also sends a strong message that the Senate is willing to engage in robust debate and resolve contentious issues to strengthen the legal framework guiding elections in Nigeria.
Stakeholders, including INEC and civil society groups, are expected to monitor implementation closely, particularly the operationalization of electronic transmission and safeguards against any misreporting.
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