The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a tense session marked by disagreements over Clause 60(3) concerning electronic transmission of election results.
Proceedings in the Senate were momentarily stalled as lawmakers began clause-by-clause consideration of the bill. Senator Enyinnaya Abaribe raised a demand for a division over Clause 60(3), prompting a rowdy session in the upper chamber.
Senate President Godswill Akpabio noted that he believed the demand had been previously withdrawn, but several opposition senators immediately objected.
Citing Order 52(6), Deputy Senate President Barau Jibrin argued that revisiting a provision on which the Senate President had already ruled would be out of order.
The submission sparked further uproar in the chamber, during which Senator Sunday Karimi had a brief face-off with Abaribe.
The Senate Leader, Opeyemi Bamidele, reminded lawmakers that he had sponsored the motion for rescission, emphasizing that decisions previously taken by the Senate were no longer valid, and that Senator Abaribe’s demand was consistent with that motion.
Akpabio suggested that the call for division was largely an attempt by Abaribe to demonstrate his position publicly.
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, and he advocated for the removal of the proviso that allows for manual transmission in case of network failure.
During the division, Akpabio asked senators supporting the caveat to stand, followed by those opposed.
Fifteen opposition senators stood in opposition.
When the votes were counted, 55 senators supported the proviso while 15 opposed it.
Clause-By-Clause Consideration
Earlier, proceedings were momentarily paused as lawmakers began clause-by-clause deliberation of the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a motion to rescind the earlier amendment.
The motion 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 legislation.
During this session, Senate President Akpabio presented the clauses one by one for debate. The process briefly stalled when at Clause 60, Senator Abaribe raised a point of order, drawing immediate attention on the floor.
Following his intervention, murmurs spread across the chamber as lawmakers spoke in small groups and consulted the Senate President’s desk. The session moved into a closed-door consultation.
Election Timetable
Before rescinding the Electoral Act, the Senate raised concerns about the timing of the 2027 general elections and technical inconsistencies within the legislation.
Rising under Order 52(6) of the Senate Standing Orders, Senate Leader Opeyemi Bamidele moved to reverse the earlier passage of the bill and return it to the Committee of the Whole for fresh deliberation.
He explained that this followed the announcement by the Independent National Electoral Commission of a timetable setting the 2027 general elections for February 2027 after consultations with the leadership of the National Assembly.
Bamidele stated that stakeholders had raised concerns that the proposed date conflicted with the law’s provision requiring elections to be scheduled no later than 360 days before the expiration of tenure.
He further noted that the 360-day notice requirement in Clause 28 could place the 2027 Presidential and National Assembly elections during Ramadan, potentially affecting voter turnout, logistics, stakeholder participation, and the inclusiveness and credibility of the electoral process.
The motion also highlighted discrepancies in the 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, which affected cross-referencing, serial numbering, and internal consistency within the legislation.
Despite the tensions and technical concerns, the Senate proceeded to pass the amended Electoral Act, reinforcing the legal framework for future elections while addressing procedural and legislative inconsistencies raised during debate.
