ELECTORAL ACT: HOW APC LAWMAKERS GOT THEIR WAY

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The Senate yesterday 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 proviso indicates that presiding officers can transmit results electronically, but if the system fails, they can use Form EC8A as a backup.

This followed the adoption of a motion sponsored by the Senate Leader, Opeyemi Bamidele (APC-Ekiti) at plenary on Tuesday.

This motion was seconded by Chairman, Senate Committee on INEC and Electoral Matters, Sen. Simon Lalong (Plateau South).

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 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 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 said 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.

The Senate accordingly went into committee of the whole for the comprehensive amendment.

In spite of the rescission of amendment and re- enactment of bill, the earlier approved clause 60(3) was still retained alongside its proviso.

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.

55 senators defeat 15 colleagues

Before the passage at the Senate, Senator 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 handled 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.

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. Thirty nine members were absent.

Senate President, Godswill Akpabio, in his remarks, said, “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”.

Daily Trust- APC gets its way
Opposition lawmakers stage a walkout over Electoral Bill amendment

Reps backtracks on e-transmission, adopt Senate version

The House of Representatives yesterday backtracked on its earlier decision on Clause 60 (3) of the Electoral Act (Repeal and Re-enactment) Bill 2026, adopting the version passed by the Senate which allowed both electronic and manual transmission of election results.

The approval came amidst a rowdy session and protest from opposition lawmakers who staged a walk out from the chambers to express their disenchantment, chanting “APC, ole”! APC, ole!

The House had earlier in December 2025 approved Clause 60(3) which stipulates that: “The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding officer and/or countersigned by the candidates or Polling agents where available at the Polling Unit.”

However, during the emergency sitting yesterday, the House rescinded its earlier decision and recommitted the bill to the committee of the whole presided by the Deputy Speaker, Benjamin Okezie Kalu, during which the lawmakers approved the version passed by the Senate which gave a caveat that where there is a network or communication failure, the form EC8A shall remain the primary source of collation and declaration of the result.

The new version now approved by the House after its rescission states that: “The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding officer and/or countersigned by the candidates or Polling agents where available at the Polling Unit.”

“Provided that if the electronic transmission of the result fails as a result of communication failure and it becomes impossible to transmit the result contained in form EC8A signed and stamped by the Presiding Officer and countersigned by the candidates or polling agents where available at the polling unit, the form EC8A shall remain the primary source of collation and declaration of the result.”

Indirect primaries scrapped

Besides the provision on electronic transmission of election results, other key amendments adopted deal with the removal of indirect primary in the selection of candidates as well as the adjustment of the timeline for the publication of election notice from 360 days to 300 days.

The lawmakers approved Clause 84 which abolished indirect primaries, limiting political parties to either direct primaries or consensus in the nomination of candidates for elective offices.

The approval was given during clause-by-clause consideration of the bill, where lawmakers adopted sections dealing with the nomination of candidates, qualifications of aspirants and procedures for party primaries.

Under the adopted provisions, any political party seeking to nominate candidates for elections is required to conduct primaries for all elective positions, with such exercises to be monitored by the INEC.

Specifically, the bill provides that the procedure for nominating candidates shall be by direct primaries or consensus, effectively excluding indirect primaries from the options available to political parties.

Lawmakers also retained provisions barring political parties from imposing additional qualification or disqualification criteria on aspirants beyond those already stipulated in the Constitution.

Electoral law amended to allow INEC adjust 2027 election timetable

Meanwhile, both chambers of the National Assembly yesterday amended Clause 28 (1) of the Electoral Act 2022 (Repeal and Enactment) Bill 2026 which gives flexibility to the Independent National Electoral Commission (INEC) to tinker with poll timetable because of Ramadan fasting with coincides with the 2027 general elections.

Both chambers of the National Assembly have now provided INEC a 60-day window for rescheduling of the 2027 general elections outside the Ramadan.

The 60-day window offered INEC for conduct of general elections outside Ramadan in 2027 reflected in the reduction of 360 days earlier given to the commission for publication of notice of election to 300 days.

The new clause 28 under ‘Notice of Election’ states that: “The Commission shall, not later than 300 days before the day appointed for holding of an election under this Bill, publish a notice in each State of the Federation and the Federal Capital Territory —

(a) stating the date of the election; and

(b) appointing the place at which nomination papers are to be delivered.”

The INEC had on Friday announced that the Presidential and National Assembly elections would be held on February 20, 2027, while the governorship and state assembly polls are scheduled for March 6, 2027 based on the provision of the principal law which provides that “The Commission shall, not later than 360 days before the day appointed for holding an election under this Bill, publish a notice in each State of the Federation and the Federal Capital Territory.”

Moving the motion, Senator Bamidele said the leadership of INEC met the Senate after the release of election timetable attracted reactions from the Muslim community as dates fixed for polls would coincide with Ramadan fasting in 2027.

He said the electoral law needed to be amended to enable INEC adjust elections timetable, stressing that the motion for rescission and re-committal was necessary to amend what had earlier been passed by the Senate.

Daily Trust- APC gets its way
An activist, Omoyele Sowore during the protest

Opposition reps walk out

Earlier, the House of Representatives descended into a rowdy session over a motion seeking to rescind the Electoral Act amendment bill, which was passed by the House in December last year.

The controversy erupted at the resumption of an emergency sitting convened to deliberate exclusively on electoral matters ahead of the 2027 general elections.

Presiding over the session, the Speaker, Abbas Tajudeen, commended members who travelled from outside Abuja to attend what he termed a critical national assignment.

He said the sitting had a single agenda which he said, was the rescission and recommittal of the Electoral Act Amendment Bill 2025.

The process began with a motion sponsored by chairman of Rules and Business, Hon. Francis Waive, who invoked Order 9, Rule 6 of the House Standing Orders to seek the rescission of the electoral bill passed earlier.

Moving the motion, Waive recalled that the Electoral Act Amendment Bill 2025 was passed in December 2025, but explained that a technical committee comprising the leadership of both chambers of the National Assembly, members of the conference committee, clerks of the Senate and the House of Representatives, as well as legal drafters from the Directorate of Legal Services, later met to harmonise the bill.

According to him, the review process exposed inconsistencies and unintended consequences in some provisions of the legislation, making further legislative intervention necessary.

Waive stressed that the House must ensure that Nigeria’s electoral laws promote “maximum participation, fairness, inclusivity, administrative efficiency and public confidence in the electoral system.”

However, tension flared when the Speaker put the question on rescinding the bill to a voice vote.

While many lawmakers shouted “nay,” the speaker ruled in favour of the “ayes” and struck the gavel, triggering loud protests and rowdy session on the floor.

Following the rowdy session, the speaker called for a closed-door session to restore calm.

Arising from the closed door session, the House dissolved into the committee of the whole to reconsider the bill with the Deputy Speaker, Benjamin Okezie Kalu, presiding.

The House continued in a rowdy session as Kalu tried to restore order as began clause-clause consideration. The rowdy session reached its peak when the contentious Clause 60(3) was called by Kalu for voting.

Rep Bamidele Salam (PDP, Osun) moved an amendment that the House retain the aspect that mandates compulsory electronic transmission of election results and remove the proviso which leaves electronic transmission at the discretion of INEC.

When the amendment was put to a voice vote, Kalu ruled in favour of the ‘ayes’, but he again put the question on the same amendment and this time, he struck the gavel on the ‘nays’, leading to further protest and rowdy session in the House.

The protesting lawmakers, comprising members of the opposition parties, staged a walk out of the chamber to address journalists at the House of Representatives Press Corps Centre.

The Minority Leader of the House, Kingsley Chinda, who spoke on behalf of the lawmakers, described the debate on the amendment of the Electoral Act as one of the most critical issues before the House, noting that Section 60 of the bill — which deals with the electronic transmission of election results — was at the heart of the controversy.

“Our position is clear. Elections shall and should be transmitted electronically. We are against any clause that will create room for manipulation, rigging, or any untoward act,” he said.

He said the caucus proposed that Section 60 should provide exclusively for electronic transmission of results without any alternative that could undermine the process.

He said they recommended that in the event of any conflict between manually collated results and electronically transmitted results, the electronically transmitted version should prevail.

“We are aware that these positions were turned down by members of the APC, not on grounds of logic or facts, but on grounds of political party configuration,” he alleged.

Chinda said the walkout was a deliberate parliamentary step to register their protest and draw national attention to the issue.

On Section 84 of the bill, which deals with the nomination of candidates through party primaries, Chinda maintained that the method of candidate selection should remain an internal affair of political parties.

Reps defend process, provisions in amended Electoral Act

Meanwhile, the House of Representatives has defended the process and key provisions adopted in the amended Electoral Act, insisting that lawmakers acted within parliamentary rules and in the overall interest of credible elections.

Speaking to journalists after Tuesday’s plenary, the spokesperson of the House, Akin Rotimi, said the extraordinary session held by the National Assembly was necessary to address emerging issues around the electoral framework, particularly following the release of the Independent National Electoral Commission’s (INEC) timetable.

Rotimi described the sitting as historic. He said while a joint conference committee of the Senate and House had earlier been constituted to harmonise differences, its mandate was limited to provisions contained in the versions passed by both chambers.

“Once you have a conference committee, it can only consider what is already before it. Nothing new can be added,” he said.

According to him, fresh considerations—especially public feedback and concerns arising from INEC’s announced election timetable, which coincides with major religious observances, made it necessary for lawmakers to reconvene and reconsider aspects of the bill.

Rotimi said the leadership of the National Assembly undertook extensive consultations, which informed the amendments eventually adopted on the floor.

Addressing concerns over rowdy sessions during plenary, he said the exchanges were part of normal parliamentary practice.

“You saw democracy in action. Members are elected to represent their constituencies and Nigerians at large. Differences of opinion are normal, but at the end of the day, the majority carries the day,” he said.

He also dismissed claims that the passage of the bill was partisan, stressing that the quest for free, fair and credible elections transcends party lines.

Ezekwesili, Dalung, Sowore protest at N/Assembly

Former ministers Oby Ezekwesili and Solomon Dalung as well as activist Omoyele Sowore on Tuesday joined protesters at the National Assembly, demanding passage of mandatory real time electronic transmission of election results from polling units to IRev portal.

Addressing journalists and demonstrators at the gate of the National Assembly, Ezekwesili accused lawmakers, particularly the Senate, of attempting to dilute provisions on electronic transmission of results.

She recalled that during deliberations on the Electoral Act amendment, the House of Representatives had earlier supported reforms on electronic transmission, but alleged that the Senate introduced ambiguity by leaving the matter to the discretion of the Independent National Electoral Commission (INEC).

“The Senate came to a conclusion that made electronic transmission a matter of discretion rather than a mandatory provision.

“Citizens have concluded that this is contrary to the desire of Nigerians for electoral transparency that will strengthen our democracy,” she said.

Ezekwesili said making electronic transmission optional opens the door to manipulation and undermines public trust in the electoral process.

“If the Senate gets away with an ambiguous provision that gives power of discretion instead of making the clause mandatory—that every vote must count—then we are weakening the core principle of electoral transparency,” she said.

Dalung and Sowore also expressed support for the demand, insisting that only a compulsory electronic transmission system would restore confidence in Nigeria’s elections ahead of 2027.

House of Reps has betrayed the trust of Nigerians – PDP

The PDP yesterday berated the House of Representatives, for changing its position on the amendment to the electoral act, saying that the move was a “clear betrayal of public trust” by the lawmakers.

Comrade Ini Ememobong, National Publicity Secretary of the party, in an interview with Daily Trust, asked Nigerians and all lovers of democracy to oppose the new amendment.

He said, “This is a clear betrayal of public trust. It is unfortunate that the House of Representatives abandoned the pro-people position they took and adopted the anti-people version of the Senate.

“The legislators are delegates of power and should at all time act in the interest of the delegator of power. They are not in parliament to legislate for themselves but to legislate for the people.

“The proviso is a catalyst for deepened election opacity and must be opposed by all lovers of democracy”, he said.

Grey areas remain – Dr Sufi

A political analyst, Dr Kabiru Sufi, said the adoption of a bill by the House of Representatives providing for both electronic and manual transmission of election results represents a shift from previous reforms, but warned that critical issues must be clarified.

“I think something has changed a bit in the sense that we are not relying solely on electronic transmission, unlike in the earlier reform that depended entirely on electronic transmission,” he said.

He said the earlier system created legal vulnerabilities where failure of electronic transmission could lead to disputes and possible cancellation of results if challenged in court.

He said making the process dual would allow one method to serve as a backup for the other, thereby reducing the likelihood of outright cancellations due to technical glitches.

Sufi described the move as a middle ground between fully embracing electronic transmission and rejecting it entirely, especially given concerns over the reliability of technology in previous elections.

About Dons Eze

DONS EZE, PhD, Political Philosopher and Journalist of over four decades standing, worked in several newspaper houses across the country, and rose to the positions of Editor and General Manager. A UNESCO Fellow in Journalism, Dr. Dons Eze, a prolific writer and author of many books, attended several courses on Journalism and Communication in both Nigeria and overseas, including a Postgraduate Course on Journalism at Warsaw, Poland; Strategic Communication and Practical Communication Approach at RIPA International, London, the United Kingdom, among others.

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