Electoral Act: Disagreement Deepens Among Senators on Result Transmission

As the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill, 2026 was passed, 13 senators from the opposition’s front line denied allegations that the upper house had abandoned the requirement for electronic transmission of election results, causing a rift in the Senate on Thursday.

The Senate’s reported decision on Wednesday, which many Nigerians saw as a rejection of the real-time electronic transmission of election results, sparked considerable indignation.

Senator Enyinnaya Abaribe led the parliamentarians in arguing that the provision was still in place and that the Senate had not finished its discussions on the issue.

Speaking to reporters in Abuja, Abaribe, together with Senators Victor Umeh, Abdul Ningi, and ten others, declared their unwavering support for the bill’s proposed change to Clause 60, Subsection 3, which aims to mandate the electronic transmission of election results.

Until the provision is sent for presidential approval, they promised to keep an eye on it throughout the legislative process.

More than two-thirds of the Senate, according to the lawmakers, were in favor of real-time electronic transmission of election results, emphasizing that the matter was still unresolved.

“Senate Rejected Real-time Transmission”
Abaribe explained that the Senate did not object to the results being transmitted electronically, despite what certain media outlets had claimed.

To be clear, yesterday (Wednesday), the Senate failed to pass the 2022 Act’s transfer of results. Vanguard quoted the Senate President as saying, “Electronic transmission of results is what we passed and which he himself stated while doing a clarification, sitting on his chair.”

Abaribe went on to say that the MPs planned the briefing to dispel rumors and reassure Nigerians of their dedication to electoral openness.

“I can guarantee you that both the Senate’s Electoral Committee and Ad Hoc Committee, as well as the Executive Session, all agreed on Section 60(3), which is electronic transmission of votes or electronic transmission of results,” he said.

The senators emphasized that the legislative process was still ongoing by pointing out that the Senate had not yet met again to approve the votes and proceedings of the plenary session.

Additionally, they voiced concern about the backlash that followed Wednesday’s sessions, especially with regard to Section 60(3) of the bill, which requires the Independent National Electoral Commission to electronically transmit polling unit results in real time.

According to the clause, “The Presiding Officer shall electronically transmit the results from each polling unit to the IREV portal in real time, and such transmission shall be made after the candidate or polling agent present at the polling unit has countersigned the prescribed Form EC8A and/or the Presiding Officer has signed and stamped it.”

Akpabio Caused Controversy With His Announcement
Senate President Godswill Akpabio declared during the bill’s clause-by-clause debate on Wednesday that Clause 60 was approved “as amended,” rather than as the committee had initially recommended. This announcement sparked numerous rumors that the real-time transmission clause had been rejected.

The opposition senators, however, insisted that the interpretation was incorrect and that discussions were still in progress.

“E-Transmission Is Accepted by Joint Committees”
Abaribe went on to say that the amended bill had been thoroughly examined by a joint committee of the electoral committees from both houses, which had also decided on electronic transmission.

After multiple retreats, the combined committees came to the conclusion that electronic results transmission was the best option. He added, “And that was reflected in the House and Senate reports.”

And when we entered a closed session, we took into consideration the Senate ad hoc committee’s report in order to clean it up. And we will pass it without any rancour when we return to the plenary.

According to reports, civil society organizations and political figures responded to the scandal.

The reported rejection of required electronic transmission was criticized by opposition parties, civil society organizations, former vice president Atiku Abubakar, Peter Obi, the Labour Party’s presidential candidate in 2023, and others, who warned that it could damage elections credibility.

Nonetheless, the senators told Nigerians that they would preserve the clause until the bill’s final draft was delivered to the president for approval.

Senate Under Fire from Opposition
Together, the major opposition parties have criticized the Senate’s decision to reject the requirement that polling places transmit election results electronically in real time as part of the ongoing Electoral Act revision, stating that the action could damage the legitimacy of the general elections in 2027.

The judgment could erode public trust in Nigeria’s democratic process, the parties warned.

The opposition said in a joint statement released by Ini Ememobong, National Publicity Secretary of the Peoples Democratic Party; Mallam Bolaji Abdullahi, National Publicity Secretary of the African Democratic Congress; and Bamofin Johnson, National Publicity Secretary of the New Nigeria Peoples Party, that the development caused significant national concern and forced them to address Nigerians as a group.

“A Retrogressive Act That Could Take Democracy Awry”
As representatives of the main opposition political parties, we have been forced to work together to address the serious ramifications of the Senate’s retrogressive move, which has the potential to undermine our hard-won democracy.

The parties stated that they could not understand why a party that is presently using technology to conduct a nationwide e-registration of its members would be reluctant to use it to send results.

They said that the ruling All Progressives Congress, which controls both chambers of the National Assembly, was attempting to maintain electoral system flaws that could be used against candidates.

They are aware of Nigerians’ frustration with them. Their rejection at the next polls is something they are aware of. Thus, a free and fair election has turned into a danger to them. For this reason, they must maintain and guard against any weaknesses that would allow them to manipulate the electoral process to their benefit.

We would have expected the senators, however, to put democracy above party allegiance and operate in its best interests, for which the legislature continues to be its most significant emblem. They continued, “But as usual, they failed the people they are supposed to represent.”

Making reference to earlier court decisions, the parties pointed out that the Electoral Act of 2022 did not specifically require the electronic transmission of results.

They characterized the current amendment process as a chance to close the gap and improve election openness moving forward.

Nigeria has been forced to start over by the Senate’s refusal. The conference committee is now in control of the situation, and we implore its members to support the Nigerian people by endorsing the House of Representatives’ stance on the requirement that election results be transmitted electronically in real time,” they said.

Peter Obi, the Labour Party’s 2023 presidential candidate, denounced the move as well, calling it an attempt to rig the election in advance of the 2027 polls.

Obi said that his response to what he called “the outrageous and shameful news surrounding our electoral system” was postponed due to the deaths of more than 150 people in Kwara on Wednesday.

“Electoral manipulation ahead of 2027 is unacceptable,” the former governor of Anambra State declared, referring to the Senate’s flagrant rejection of mandated electronic transmission of election results.

It is nothing less than a calculated attack on Nigeria’s democracy to fail to enact a clear protection. The whole basis of credible elections is being undermined by their rejection of these crucial transparency measures. It is necessary to consider if the government is there to maintain justice and order or to institutionalize anarchy. Does it exist to fulfill the evil desires of a few or to serve the general public?

Obi continued by saying that the delay to completely adopt electronic transmission of results was linked to the issues and conflicts that followed past elections, including the general election in 2023.

“The failure to completely adopt electronic transmission was a direct cause of the chaos, disagreements, and manipulations that afflicted previous elections, particularly the general election in 2023. Apologies for a fictitious “glitch” that never existed were given to Nigerians. Nigeria, the purported behemoth of Africa, blatantly lags behind and pushes the continent backward while several African countries embrace electronic transmission to support democracy.

“Conferences and papers about Nigeria’s difficulties are a waste of time, and the true problem lies with us, the elite and leaders. Our willful opposition to reform is causing the nation to regress and move closer to a less developed form of government.

“We are creating chaos with the intention of sustaining confusion in accordance with the whims of a small clique by rejecting mandatory electronic transmission, a crucial protection for electoral integrity.” We need to consider our nation’s and our children’s futures. Have we not reached that point?