Nigerian Senate Rejects Mandatory Real-Time Electronic Transmission of Election Results

Senate Passes Electoral Act Amendment Bill, Retains Discretionary E-Transmission

Abuja, Nigeria – The Nigerian Senate, on February 4, 2026, passed the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill 2026, but notably rejected a proposed amendment that would have made the electronic transmission of election results mandatory. Instead, the upper legislative chamber opted to retain the existing provision of the Electoral Act, which allows the Independent National Electoral Commission (INEC) to determine the manner of result transfer.

The contentious decision centered on an amendment to Clause 60, Subsection 3, of the bill. This amendment sought to legally compel INEC presiding officers to electronically transmit results from each polling unit to the INEC Result Viewing (IREV) portal in real-time, immediately after the prescribed Form EC8A had been signed and stamped. However, the Senate voted against this, maintaining the current wording that states, 'the presiding officer shall transfer the results, including the total number of accredited voters and the results of the ballot, in a manner as prescribed by the Commission.'

Senate President Clarifies Stance Amidst Controversy

Following the decision, Senate President Godswill Akpabio addressed the ensuing criticism, clarifying that the Senate did not reject electronic transmission entirely. He stated that the interpretation was misleading, emphasizing that electronic transmission was already part of the 2022 Electoral Act and was utilized in 2022. Akpabio asserted that the Senate's action was to retain the existing provision, thereby maintaining flexibility in the electoral process.

Senators who opposed the mandatory real-time upload cited concerns over potential legal disputes arising from the phrase 'real time,' particularly in areas with weak or non-existent network coverage. This argument suggested that such a mandate could pose significant operational challenges for INEC.

Widespread Criticism from Political Figures and Civil Society

The Senate's decision has been met with strong condemnation from various quarters, including opposition parties and civil society organizations. Critics argue that the move undermines efforts to ensure transparency and prevent electoral manipulation, especially given the 'technical glitches' experienced with the IREV portal during the 2023 presidential election.

• The Labour Party described the decision as 'retrogressive' and 'anti-people'.
• The Peoples Democratic Party (PDP) condemned it as 'shameful' and 'harmful to democracy'. Former Vice President Atiku Abubakar characterized the action as a 'grave setback for electoral reform' and an 'assault on electoral transparency,' suggesting it favors incumbents and enables manipulation.
• The African Democratic Congress (ADC) faulted the Senate's stance, calling it a 'deliberate attempt to weaken democratic safeguards' and prepare the ground for electoral manipulation.
• Clement Nwankwo, convener of the Civil Society Situation Room, urged Nigerians to continue speaking out, warning that the current version could undermine the credibility of future elections and create logistical problems for INEC. He alleged that the outcome was influenced by procedural control rather than a genuine majority decision.

Other Amendments and Harmonization Efforts

In addition to the electronic transmission clause, the Senate also made other amendments to the Electoral Act. It rejected a proposed 10-year ban on vote buyers, opting instead for a fine of ₦5 million or a two-year imprisonment. Furthermore, the timeline for INEC to issue notice of elections was reduced from 360 days to 180 days.

The House of Representatives had previously passed its version of the Electoral Act Amendment Bill in December 2025, which included a mandatory provision for real-time electronic transmission of results. A Conference Committee has since been constituted to harmonize the differing versions of the bill from both chambers, with public attention now focused on the final shape of Nigeria's electoral framework.