Senate Passes Electoral Act Amendment with Conditional E-Transmission Provision

The Nigerian Senate has passed the third reading of the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill 2026, approving a modified Clause 60 that permits—but does not mandate—presiding officers to electronically transmit polling unit results to INEC’s IReV portal, while designating the manual Form EC8A as the primary and legally binding source for result collation when transmission fails.

The legislative outcome follows days of intense public controversy after the Senate initially rejected an amendment to Clause 60(3) on February 4 that would have made real-time electronic transmission mandatory.

Senate President Godswill Akpabio subsequently clarified that the chamber did not reject electronic transmission outright but retained provisions allowing it while prioritizing manual processes as a safeguard against network failures.

Under the passed version, presiding officers may transmit results electronically where connectivity permits, but the physical Form EC8A—signed by party agents and posted at polling units—remains the authoritative document for collation at higher levels.

This represents a significant departure from civil society demands for mandatory, real-time transmission that would make digital results the primary source, with manual forms serving as backup.

Critics argue the compromise undermines electoral transparency. Former Senate President David Mark challenged the approach, stating lawmakers should “pass the law because that is what the people want” and allow INEC to determine implementation feasibility rather than legislators presuming technical limitations.

Civil society organizations, including CDD-West Africa, have called the amendment “retrogressive,” warning it preserves opportunities for result manipulation during manual collation processes—a vulnerability exploited in previous elections.

Supporters of the Senate’s position, including some former INEC officials, contend that mandating electronic transmission nationwide ignores genuine connectivity challenges in remote communities and could disenfranchise voters in areas with poor network coverage.

Akpabio has emphasized that the amendment process remains ongoing, with the bill now proceeding to a conference committee to reconcile differences between Senate and House of Representatives versions before presidential assent.

The amendment must be signed into law by mid-2026 to allow INEC adequate time to prepare for the 2027 general elections, placing pressure on the conference committee to conclude deliberations swiftly.