Senate Passes Electoral Act After Clause-by-Clause Review

The Nigerian Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026 following detailed clause-by-clause scrutiny. The session briefly stalled when Senator Enyinnaya Abaribe (ADC/Abia South) raised a demand for division on Clause 60(3), which governs electronic transmission of results and the use of Form EC8A as a backup in the event of network failure. The clause allows for manual transmission of results if electronic systems fail.

Senate President Godswill Akpabio indicated that the request for division had been previously withdrawn, but opposition senators challenged this claim. Deputy Senate President Barau Jibrin cited Senate Standing Order 52(6), arguing that revisiting a ruled provision would be out of order, prompting further disagreement on the floor. Senate Leader Opeyemi Bamidele emphasized that a recent motion to rescind the earlier passage of the bill meant prior decisions were no longer binding, framing Abaribe’s demand as consistent with the motion. When the vote was counted, 55 senators approved the clause, while 15 opposed it.

Lawmakers began the detailed review after the motion to rescind the bill was formally seconded, allowing the Senate to operate as a Committee of the Whole. The process became particularly intense at Clause 60, prompting a brief closed-door session for consultations among senators.

The review was prompted by concerns over the timing of the 2027 general elections. The Independent National Electoral Commission (INEC) recently announced a February 2027 timetable for the elections, which raised issues with the bill’s 360-day notice requirement for scheduling elections. Senator Bamidele noted that adhering to the original clause could result in elections coinciding with the Ramadan period, potentially affecting voter turnout and logistical coordination. Other technical inconsistencies were also identified across several clauses, including cross-referencing and numbering errors, which were addressed during reconsideration.

With Tuesday’s approval, the Senate has repealed and re-enacted the Electoral Act, 2022, incorporating adjustments to align the law with election timetables and resolve identified technical discrepancies.