The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following tense deliberations and a contentious debate over Clause 60.
The upper chamber resumed proceedings with a demand for a division on Clause 60 raised by Senator Enyinnaya Abaribe (ADC/Abia South), prompting a rowdy session.
As reported by Channels TV, Senate President Godswill Akpabio stated that he believed the demand had been previously withdrawn, but several opposition senators immediately objected.
Deputy Senate President Barau Jibrin, citing Order 52(6) of the Senate Standing Orders, argued that it would be out of order to revisit any provision already ruled on by the Senate President.
The submission sparked another uproar in the chamber, during which Senator Sunday Karimi briefly confronted Abaribe.
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Senate Leader Opeyemi Bamidele reminded lawmakers that he had sponsored the motion for rescission, underscoring that prior decisions by the Senate were no longer valid.
He maintained that Senator Abaribe’s demand was consistent with the motion.
Akpabio suggested that the call for division was a move by Abaribe to publicly demonstrate his stance to Nigerians.
The Senate President sustained the point of order, after which Abaribe rose in protest and was urged to formally move his motion.
Rising under Order 72(1), Abaribe called for a division on Clause 60(3), specifically regarding the provision that if electronic transmission of results fails, Form EC8A should not serve as the sole basis.
He proposed removing the provision that allows for manual transmission of results in the event of network failure.
During the division, Akpabio directed senators supporting the caveat to stand, then asked those opposed to rise. Fifteen opposition senators stood in opposition. When the votes were counted, 55 senators voted in favor of the proviso, while 15 opposed it.
Meanwhile, earlier in the session, proceedings were temporarily stalled as lawmakers began clause-by-clause consideration of the bill, following a motion to rescind the earlier amendment.
The motion was formally seconded, paving the way for the Senate to move into the Committee of the Whole for detailed reconsideration and re-enactment of the proposed legislation.
Senate President Akpabio read the clauses for deliberation, but at Clause 60, Senator Abaribe raised a point of order, drawing immediate attention.
This led to murmurs across the chamber and consultations at the Senate President’s desk, after which the session moved into a closed-door meeting.
Before rescinding the Electoral Act, senators raised concerns over the timing of the 2027 general elections and technical inconsistencies in the legislation.
Rising under Order 52(6), Senate Leader Bamidele moved to reverse the earlier passage of the bill and return it to the Committee of the Whole. He explained that the motion followed the Independent National Electoral Commission (INEC)’s announcement fixing the 2027 general elections for February 2027, after consultations with National Assembly leadership.
Bamidele noted that stakeholders raised concerns that the proposed election date conflicted with the law’s requirement that elections be scheduled at least 360 days before the expiration of tenure, as stipulated in Clause 28. He added that elections during Ramadan could affect voter turnout, logistics, stakeholder participation, and the overall inclusiveness and credibility of the process.
The motion also highlighted discrepancies in the bill’s Long Title and multiple clauses, including Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93, and 143.
These issues reportedly affected cross-referencing, serial numbering, and internal consistency within the legislation.
