The Senate has rescinded its earlier decision and re-passed the Electoral Act amendment Bill, retaining the proviso on Clause 60(3) that allows for manual transmission of election results if electronic transmission fails.
The News Agency of Nigeria (NAN) reports that the proviso indicates that presiding officers can transmit results electronically, but if the system fails, they can use Form EC8A as a backup.
This development followed the adoption of a motion sponsored by the Senate Leader, Sen. Opeyemi Bamidele (APC-Ekiti) at plenary on Tuesday.
NAN reports that the bill was passed after a clause-by-clause consideration.
Bamidele, in the motion entitled: “Motion for Rescission and Re-Commital,” said the Electoral Act, 2022 (Repeal and Enactment) Bill, 2026 was duly considered and passed by the Senate and the House of Representatives.
He said upon further critical review of the bill as passed, it was observed that the 360-day notice requirement prescribed in Clause 28 might result in the scheduling of the 2027 presidential and national assembly elections within the period of Ramadan.
He said that the coincidence of the elections with the Ramadan period could adversely affect voters’ turnout.
According to him, it can also affect logistical coordination, stakeholder engagement and the overall inclusiveness and credibility of the electoral process.
He said upon painstaking scrutiny of the bill, discrepancies were identified in the Long Title and Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93 and 143.
This, he said, affected other clauses of the bill, including issues relating to cross-referencing, serial numbering and internal consistency.
Bamidele said that a technical committee comprising the leadership of both chambers, members of the conference committee, clerks of both chambers and legal drafting experts from Directorate of Legal Services of the National Assembly met to harmonise and address the identified anomalies.
He said that there was the need to ensure that electoral timelines and statutory provisions promote maximum participation, fairness, inclusivity, administrative efficiency and public confidence in the electoral system.
The senate leader said that the upper chamber resolved to rescind its decision on the bill out of its desire to correct the identified inconsistencies and unintended consequences through appropriate legislative action.
He added that the decision was also aimed at safeguarding the integrity of the electoral framework and relying on the provisions of Orders 1(b) and 53(6) of the Senate Standing Orders (as amended).
“The senate accordingly resolves to:
rescind its decision on the electoral act, 2022 repeal and enactment bill, 2026 as previously passed; and re-commit the bill to the Committee of the Whole for comprehensive reconsideration and necessary amendments,” he said.
NAN reports that in spite of the rescission of amendment and re- enactment of bill, the earlier approved clause 60(3) was still retained alongside its proviso.
NAN also reports that the clause earlier passed by the senate had mandated electronic transmission of election results from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IReV) but with conditions.
According to the clause, results shall be transmitted electronically after the prescribed Form EC8A has been signed and stamped by the presiding officer and party agents.
However, if electronic transmission fails due to communication issues, the result contained in Form EC8A signed by the presiding officer and or countersigned by polling agents shall be the primary source of collation and declaration of results.
Before the passage, Sen. Enyinaya Abaribe (APGA-Abia), during the clause-by-clause consideration of the bill, had raised a point of order in response to clause 60(3), calling for division to vote on the clause.
However, Deputy Senate President, Barau Jibrin (APC-Kano), said it would be out of order to raise a point of order on a matter that had been concluded, saying that the senate had concluded on the clause in the previous passage of the bill.
Barau was, however, shouted down by some opposition lawmakers.
Bamidele, however, saved the controversy which was already degenerating into a shouting brawl, when he interjected, saying: “Abaribe’s point of order calling for a division was in order.”
The majority leader said that his motion on rescission of the passed bill was in the overriding public interest and to preserve the integrity of the senate.
He said that the call for division by Abaribe was in order and consistent with his motion, which was for new legislative input on the earlier passed electoral bill by the senate.
NAN reports that the senate, thereafter, went into division to decide on the proviso on clause 60(3), which eventually received the support of the majority of the lawmakers who are of the ruling All Progressives Congress (APC).
The lawmakers who voted in support of the proviso were 55, while those who were not in support were 15.
Senate President, Godswill Akpabio, in his remarks, thanked the senators for their act of patriotism, saying that their actions was display of democracy.
“I thank particularly those who had the courage to stand up and answer their fathers’ names by showing so much courage to vote against the proviso in clause 63(3).
“You showed overwhelming courage; you were able to prove democracy at work.
“I also want to thank those who voted for the proviso to remain, that you have saved democracy by making sure that we don’t go on continuous re-runs and repeat of elections.
“I want to also thank the senate for introducing electronic transmission of polling unit results through the portal to the IReV.
“This will now make it possible for even monitors, including foreigners who monitor our results, who are not able to visit the 176,000 polling units in Nigeria, to see the polling unit results dropping into the IReV.
“This is a major innovation since 1960. With this, senate’s stance should be applauded. I thank you for your innovation that we should undertake this.
“This will enable all the political parties to protect the results of their candidates. Congratulations to all for ensuring a smooth election in 2027,” Akpabio said.
