By: Goodluck E. Adubazi, Abuja.
The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026 after hours of tense deliberations, dramatic confrontations, and a contentious vote over electronic transmission of election results.
The upper chamber descended into a rowdy session when Senator Enyinnaya Abaribe (ADC, Abia South) demanded a division on Clause 60, reigniting debate over whether electronic transmission of election results should be mandatory and unconditional.
Senate President Godswill Akpabio initially ruled that the demand had been withdrawn, but opposition senators objected. Deputy Senate President Barau Jibrin cited Order 52(6) of the Senate Standing Orders, arguing it was out of order to revisit a matter already decided.
The chamber grew increasingly heated, with Senator Sunday Karimi briefly confronting Abaribe on the floor.
Senate Leader Opeyemi Bamidele clarified that he had earlier sponsored a motion for rescission, effectively nullifying previous decisions and reopening debate on the controversial provisions.
Showdown Over Clause 60
Rising under Order 72(1), Abaribe pushed for a division on Clause 60(3), particularly opposing the provision that allows manual transmission of results if electronic transmission fails. He proposed deleting the clause permitting manual collation in the event of network failure, insisting that Form EC8A should not serve as the sole basis where electronic transmission is compromised.
Akpabio suggested the move was intended to publicly demonstrate Abaribe’s position to Nigerians but sustained the point of order and called for a formal vote.
During the division, 55 senators voted in favor of retaining the proviso allowing manual transmission in cases of technical failure, while 15 voted against it.
Bill Rescinded, Reconsidered
Earlier in the session, lawmakers had moved to rescind the initial passage of the bill and return it to the Committee of the Whole for clause-by-clause reconsideration.
Bamidele explained that the motion followed consultations with the Independent National Electoral Commission (INEC), which had fixed the 2027 general elections for February 2027.
He noted concerns that the proposed timeline conflicted with Clause 28’s requirement that elections be held at least 360 days before the expiration of tenure. Lawmakers also raised issues about elections coinciding with Ramadan and potential effects on turnout, logistics, and inclusiveness.
Discrepancies were also identified in the bill’s Long Title and multiple clauses, affecting cross-referencing and internal consistency.
Teargas at National Assembly
Outside the National Assembly complex, tensions escalated dramatically as police fired teargas at protesters demanding mandatory, real-time electronic transmission of results.
The demonstrators, who gathered early Tuesday at Democracy Avenue in Abuja, blocked access roads and called on lawmakers to adopt the House of Representatives’ version of the amendment, which civil society groups say guarantees unconditional electronic transmission.
Pandemonium erupted around noon when security operatives dispersed the crowd.
Among those present were human rights activist Omoyele Sowore and former Education Minister Oby Ezekwesili.
The Country Director of ActionAid Nigeria, Andrew Mamedu, described the protest as a struggle for Nigeria’s democratic future.
“This whole struggle is about the future of Nigeria. Millions of Nigerians are demanding that their votes count,” he said, arguing that Nigeria’s reported 98 percent network coverage undermines technical objections to electronic transmission.
Civil society coalition Nigeria Situation Room and other advocacy groups warned that failure to adopt mandatory real-time electronic transmission could trigger more than 1,000 public interest lawsuits, potentially disrupting preparations for the 2027 polls.
Defining Moment for 2027
As harmonization continues between the Senate and House versions of the bill, activists insist that anything short of mandatory electronic transmission is unacceptable.
With lawmakers deeply divided and public pressure mounting, the debate over Clause 60 has emerged as a defining issue for Nigeria’s democratic credibility ahead of the 2027 general elections.
Despite the disruptions, the Senate ultimately passed the revised Electoral Act 2026, setting the stage for further legislative reconciliation and possible legal battles in the months ahead.