Nigerian Senate Holds Emergency Plenary Session Amidst Electoral Act Amendment Controversy

Emergency Session Convened Over Electoral Act Amendments

The Nigerian Senate convened an emergency plenary session on Tuesday, February 10, 2026, at 12 noon, following a directive from Senate President Godswill Akpabio. The session was called amidst significant public scrutiny and widespread debate concerning recent amendments to the Electoral Act, particularly regarding the electronic transmission of election results.

Contentious Clause on Electronic Transmission

The controversy stems from the Senate's recent passage of the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill 2026 through its third reading. During this process, lawmakers rejected a proposed amendment to Clause 60, Subsection 3, which sought to make the electronic transmission of election results from polling units to the Independent National Electoral Commission's (INEC) Result Viewing Portal (IReV) mandatory and in 'real-time'.

Instead, the Senate opted to retain the existing provision from the 2022 Electoral Act. This provision states that 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,' without explicitly mandating 'real-time' transmission.

Public Outcry and Senate's Clarification

The decision has ignited considerable public backlash from civil society organizations, opposition figures, legal experts, and the general populace, who argue that mandatory real-time electronic transmission is crucial for enhancing transparency and curbing electoral manipulation.

In response to the criticism, Senate President Godswill Akpabio clarified that the Senate did not reject electronic transmission of results entirely. He stated that electronic transmission remains part of the law, as it was retained from the 2022 Act. Akpabio explained that the removal of the 'real-time' stipulation was intended to prevent legal complications that could arise from network failures, technical glitches, or security challenges in areas with poor network coverage, thereby giving INEC the flexibility to determine the most appropriate mode of transmission.

Implications and Future Outlook

The emergency session is widely seen as an opportunity for the Senate to address the procedural confusion and intense public pressure. Legal professionals, such as Senior Advocate of Nigeria Dr. Olisa Agbakoba, have urged the National Assembly to enshrine mandatory real-time electronic transmission in the Electoral Act ahead of the 2027 general elections to close legal loopholes and safeguard electoral integrity.

The differing positions between the Senate and the House of Representatives, which reportedly retained mandatory real-time transmission, suggest that a joint conference committee will be necessary to harmonize the bill before it can be sent to the President for assent. The Independent National Electoral Commission (INEC) has previously indicated its capacity and support for electronic transmission of results, viewing it as a means to improve the quality of election result management and enhance transparency.