Senate Reconvenes to Address Electoral Act Amendments

The Senate will reconvene today after a two-week recess to conduct an emergency session at noon focused on the contentious amendments to the Electoral Act 2022. As the discussions unfold, public anticipation is high amid mixed sentiments about the potential outcomes of the meeting. Since transitioning to civilian governance in 1999, Nigeria has grappled with establishing an electoral framework aimed at ensuring free, fair, and credible elections. Yet, this objective remains elusive, suggesting that the nation is once again at a critical juncture.

In September 2025, committees from both the Senate and the House of Representatives chose to uphold the beneficial elements of the 2022 law while incorporating additional provisions. This decision was informed by insights from civil society technical experts, including those from the Policy and Legal Advocacy Centre (PLAC), the Civil Society Situation Room, and the European Union Election Observation Mission, among others.

By October 2025, public consultations were concluded, and in November, the House of Representatives moved forward by approving its amendments to the Electoral Act 2022, pending Senate approval.

Last week marked the conclusion of the Senate’s review process regarding submissions from its Electoral Matters Committee. However, complications arose as the committee's Chair, Senator Simon Lalong, was unable to present the report, leading the Senate to establish an Executive Committee for further examination of the proposals. This resulted in the formation of a seven-member ad hoc committee followed by a closed Executive session to dissect the amendments meticulously, clause by clause. This series of actions raised suspicions among the public, given the tendency for leaders to prolong discussions to obfuscate substantive issues.

The proposed amendments include an electronic results transmission clause, stricter penalties for electoral misconduct, digital voter identification, voting rights for prisoners, provisions for early voting for specific groups, the revision of INEC's timeline before elections and the timely release of funds for electoral preparations at least one year ahead of polling day.

On February 4, the Senate took a critical step by voting on the various provisions. However, it faced backlash for deciding to maintain the vague Clause 60 of the 2022 Electoral Act, which permits the Independent National Electoral Commission (INEC) to determine the method of result transmission. This decision provoked extensive public criticism, leading to a decline in the Senate's credibility among disillusioned voters.

In response, Senate leaders clarified that they had not removed electronic transmission provisions and indicated that instead of the word "transfer" noted in Section 60(5) of the current law, they opted for "transmit." Senator Enyinnaya Abaribe (Abia South) expressed this adjustment aimed to foster clarity and eliminate ambiguity. Nonetheless, the public perceived that the Senate overlooked the widely endorsed demand for mandatory real-time electronic result transmission from polling units to the INEC Election Results Viewing (IReV) platform.

Senate President Godswill Akpabio later explained that lawmakers' aim was to mitigate potential legal disputes arising from communities with inadequate infrastructure for real-time transmissions. He cited concerns regarding the ability to enforce such methods in areas suffering from network issues or insecurity, adding that nine states presented specific challenges. Meanwhile, INEC Chairman Professor Joash Amupitan urged calm, suggesting that individuals await the final harmonization of the bill by both chambers and reaffirmed the commitment to deploying technology, emphasizing the Bimodal Voter Accreditation System (BVAS) as a transformative tool.

The Senate's reconvening today seemingly affirms the Senate President's position that the National Assembly's work on the Bill remains incomplete. The assembly is still at the Votes and Proceedings stage, a factor that necessitates the review of previous votes on the Bill before submitting it for harmonization at a Joint Conference of the National Assembly.

Senate President Akpabio's recent comments, affirming that the Senate "cannot be intimidated" and emphasizing its legislative duty to enhance democracy, have sparked frustration among many Nigerians. Nonetheless, the urgency of the Senate's meeting highlights a response to public dissent over the recent February 4 vote. It suggests an acknowledgment of the various civil society leaders who cautioned the legislature against igniting public unrest, particularly groups threatening to mobilize mass protests or call for a boycott of the upcoming elections if the phrase "real-time" is not reinstated into the procedures.

The contention around real-time electronic transmission reflects a deeper distrust in the nation's institutions, particularly within opposition circles. Many citizens believe that without a real-time electronic system, electoral outcomes could be predetermined, thus undermining democratic integrity. This sentiment is echoed by legal bodies like the Nigerian Bar Association, which advocates for such real-time transmission.

Presently, the focus on real-time electronic transmission tends to overshadow other elements of the amendments that may attract scrutiny soon. This could mark the commencement of a protracted and intricate discourse.

In light of the pressing concerns, it is crucial for the Senate to avoid establishing additional committees that could further delay progress. Instead, it should aim to meet the populace partway by explicitly endorsing the provision for electronic transmission while affirming a commitment to using technology effectively. Additionally, transparency around the bill’s key contents is essential.

While aspirations for electronic elections and progress towards real-time result transmission are commendable, they must be pursued with caution. Successful implementation will necessitate comprehensive trials and an understanding of the necessary processes. Ultimately, the path forward requires learning from the experiences of other nations while avoiding hasty decisions that could backfire. Ensuring trust in electoral systems and mechanisms is vital for building a functioning democracy.

The ongoing manual voting system in Nigeria involves the physical marking of ballot papers, followed by a manual tallying process at polling stations and collation centers. This leaves room for potential result manipulation, with the INEC's IReV portal serving merely as an observation platform rather than an official collation center, as reaffirmed by the Supreme Court in its ruling that differentiated between formal result collation and the results displayed on the IReV.

The questions remain: Is the push for mandatory and real-time electronic transmission viable, and is Nigeria equipped for it? Addressing these queries will be crucial as the country advances its electoral processes.