By Obinna Uballa
The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026 after a tense and rowdy session marked by sharp disagreements over the electronic transmission of election results.
Proceedings in the upper chamber were disrupted when Senator Enyinnaya Abaribe (ADC/Abia South) demanded a division on Clause 60, particularly sub-clause 60(3), which deals with the transmission of election results.
Abaribe, rising under Order 72(1), sought the removal of a proviso allowing manual transmission of results in the event of network failure. He argued that Form EC8A should not be relied upon as the sole basis where electronic transmission fails, insisting that the caveat undermines the credibility of the electoral process.
Senate President Godswill Akpabio initially stated that he believed the demand for division had earlier been withdrawn, a claim that immediately drew objections from opposition lawmakers.
Citing Order 52(6), Deputy Senate President Barau Jibrin argued that it would be out of order to revisit a matter on which the presiding officer had already ruled. His intervention further heightened tensions, leading to an uproar in the chamber. At one point, Senator Sunday Karimi had a brief face-off with Abaribe as tempers flared.
Senate Leader Opeyemi Bamidele intervened, reminding colleagues that he had sponsored the motion for rescission, which effectively nullified earlier decisions taken on the bill. He maintained that Abaribe’s demand for division was consistent with the motion and therefore in order.
Akpabio, however, suggested that the call for division was an attempt by Abaribe to publicly demonstrate his position to Nigerians. He eventually sustained the point of order and directed that the process proceed formally.
During the division, senators who supported retaining the proviso for manual transmission were asked to stand, followed by those opposed. Fifteen opposition senators rose against the caveat, while 55 senators voted in support of it. The Senate President subsequently declared that the proviso allowing manual transmission in cases of network failure was retained.
Earlier, the chamber had dissolved into the Committee of the Whole for a clause-by-clause reconsideration of the bill after adopting a motion to rescind its earlier passage.
The motion, moved by Bamidele under Order 52(6) of the Senate Standing Orders, sought to reverse the previous approval of the legislation and return it for fresh deliberation. The motion was seconded on Tuesday, paving the way for detailed reconsideration and eventual re-enactment.
As Akpabio reeled out the clauses one after another, deliberations proceeded smoothly until lawmakers reached Clause 60. Abaribe’s point of order at that stage drew immediate attention and triggered consultations, with several senators gathering in clusters and approaching the Senate President’s desk.
The mounting tension eventually forced the Senate into a closed-door session before plenary resumed.
Concerns over the 2027 election timetable also featured prominently in the debate preceding the rescission of the bill.
Bamidele explained that the decision to revisit the legislation followed the announcement by the Independent National Electoral Commission (INEC) fixing the 2027 general elections for February 2027 after consultations with the leadership of the National Assembly.
According to him, stakeholders had raised concerns that the proposed date could conflict with provisions in the amended law, particularly the requirement that elections be held not later than 360 days before the expiration of tenure.
He warned that strict adherence to the 360-day notice requirement in Clause 28 could result in the presidential and National Assembly elections falling within the Ramadan period in 2027, potentially affecting voter turnout, logistics, stakeholder participation, and overall inclusiveness.
The Senate also cited technical inconsistencies in the bill, including discrepancies in the Long Title and several 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 reportedly affected cross-referencing, serial numbering and internal coherence.
The Senate proceeded to pass the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, setting the stage for further legislative action on Nigeria’s electoral framework ahead of the 2027 polls.
