Senate Passes Electoral Act, 2022 Amid Clauses Row

By Otobong Gabriel, Abuja 

The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a stormy debate over key provisions of the legislation.

Heated Debate Over Clause 60

The upper chamber’s proceedings began on a tense note as Senator Enyinnaya Abaribe (ADC/Abia South) demanded a division on Clause 60, which addresses the electronic transmission of election results.

Senate President Godswill Akpabio initially stated that the demand had been withdrawn, prompting immediate objections from opposition senators.

Deputy Senate President Barau Jibrin cited Order 52(6) of the Senate Standing Orders, arguing it would be out of order to revisit any provision already ruled on by the Senate President.

The intervention sparked further uproar, with Senator Sunday Karimi briefly clashing with Abaribe. Senate Leader Opeyemi Bamidele reminded lawmakers that his motion for rescission invalidated previous decisions, making Abaribe’s demand procedurally in order.

Abaribe, invoking Order 72(1), called for a division specifically on Clause 60(3), which provides that if electronic transmission fails, Form EC8A should not serve as the sole basis for results. 

He sought the removal of the proviso allowing manual transmission in case of network failure.

During the division, 55 senators supported retaining the proviso, while 15 opposed, effectively upholding the existing clause.

Clause-by-Clause Consideration

The Senate had earlier moved into clause-by-clause deliberation following the formal seconding of a motion to rescind the earlier passage of the bill.

This allowed lawmakers to dissolve into a Committee of the Whole for detailed consideration and re-enactment of the legislation.

The process stalled briefly at Clause 60 after Abaribe’s point of order, prompting murmurs and consultations across the chamber before the session moved into a closed-door deliberation.

Timing of 2027 Elections

Concerns over the 2027 general elections timetable and technical inconsistencies in the bill prompted the motion for rescission. 

Bamidele noted that the Independent National Electoral Commission (INEC) had fixed the elections for February 2027, but certain provisions in the amended law, particularly the 360-day notice requirement in Clause 28, could conflict with this schedule.

He explained that conducting elections during Ramadan could adversely affect voter turnout, logistical arrangements, and the overall inclusiveness of the process.

The motion also highlighted discrepancies in the 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 bill.