The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill, 2026, following a dramatic and at times rowdy plenary marked by sharp disagreements over Clause 60 and the fate of electronic transmission of election results.
The session opened on a tense note after Senator Enyinnaya Abaribe (ADC–Abia South) renewed his demand for a division on Clause 60, triggering procedural disputes and vocal exchanges across party lines.
Procedural Clash Over Division
Senate President Godswill Akpabio initially stated that he was under the impression the request for division had earlier been withdrawn. However, opposition senators immediately objected, insisting the matter remained unresolved.
Deputy Senate President Barau Jibrin, citing Order 52(6) of the Senate Standing Orders, argued that it would be procedurally out of order to revisit any provision already ruled upon by the presiding officer.
His intervention sparked further uproar, briefly escalating tensions in the chamber. At one point, Senator Sunday Karimi was seen confronting Abaribe before order was restored.
Senate Leader Opeyemi Bamidele then clarified the procedural position, reminding lawmakers that he had earlier sponsored a motion for rescission. According to him, that motion effectively nullified previous decisions on the bill, thereby validating Abaribe’s call for division.
Akpabio suggested that the renewed demand was aimed at publicly demonstrating Abaribe’s position on the contentious clause. Nevertheless, he sustained the point of order and invited the Abia South senator to formally move his motion.
The Core Dispute: Clause 60(3)
Rising under Order 72(1), Abaribe formally called for a division on Clause 60(3), particularly the proviso stating that where electronic transmission of results fails due to network challenges, the duly signed Form EC8A would serve as the primary basis for result collation.
Abaribe proposed deleting the provision permitting manual transmission in cases of electronic failure, arguing that allowing such a caveat could undermine public confidence in digital reforms to the electoral system.
The division was conducted in accordance with Senate procedure. Akpabio directed senators supporting the proviso to stand, followed by those opposing it.
When votes were counted:
55 senators voted in favour of retaining the proviso (manual transmission allowed where e-transmission fails).
15 senators voted against it.
The outcome affirmed the Senate’s decision to preserve the fallback mechanism for manual transmission in cases of network disruption.
Closed-Door Consultations and Clause-by-Clause Review
Earlier in the day, proceedings had briefly stalled during clause-by-clause consideration of the bill after a motion was moved and seconded to rescind previous amendments. The chamber subsequently resolved into the Committee of the Whole for detailed reconsideration and re-enactment.
As Senate President Akpabio read through the clauses, Abaribe’s point of order at Clause 60 drew immediate murmurs and prompted consultations at the presiding officer’s desk. The rising tension ultimately led to a closed-door session before plenary resumed.
Bill Passed Amid Divisions
Following the division vote and completion of clause-by-clause consideration, the Senate formally passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill, 2026.
The legislation retains electronic transmission of results as a permissible method but upholds Form EC8A as the legally binding primary record in instances where electronic transmission fails.
Tuesday’s proceedings underscored deep partisan sensitivities around electoral reforms, with Clause 60 emerging once again as a defining flashpoint in Nigeria’s ongoing debate over technology, transparency, and the integrity of the ballot.
