Electoral Act amendment: Senate proposes mandatory electronic transmission of results
The Senate on Wednesday passed for second reading a bill seeking to repeal the Electoral Act 2022 and enact a new Electoral Act 2025, with a major proposal mandating the electronic transmission of election results ahead of the 2027 general elections.
The bill, which aims to regulate the conduct of federal, state and area council elections, followed growing calls to address the technical glitches that marred result transmission during the 2023 presidential election.
Chairman of the Senate Committee on Electoral Matters, Simon Lalong (APC, Plateau South), last, week led the debate on the bill which was later stepped down for further consideration.
Presenting the general principles of the legislation, Lalong said the amendment was necessary to correct the lapses witnessed in the 2023 polls and to strengthen Nigeria’s electoral process for credible future elections.
Daily Trust reports that before the bill’s second reading, the joint committees of the National Assembly on Electoral Reforms, in collaboration with the Policy and Legal Advocacy Centre (PLAC), had held a public hearing, a move that raised questions about legislative procedure.
In a draft copy of the proposed amendment obtained by Daily Trust, lawmakers seek to alter Section 60 (5) to make electronic transmission of results compulsory.
While the 2022 Act did not expressly mention electronic transmission, the proposed 2025 version stipulates that “the Presiding Officer shall transmit the results, including the total number of accredited voters, to the next level of collation both electronically and manually.”
By contrast, the current Section 60 (5) of the 2022 law only states that “the Presiding Officer shall transfer the results, including the number of accredited voters and the results of the ballot, in a manner as prescribed by the Commission.”
Other highlights of the proposed bill
The bill also seeks to amend the 2022 Electoral Act to include statutory delegates in political parties’ primaries ahead of the 2027 general elections.
It further stipulates that elections into the offices of the president and governors must be conducted “not later than 185 days before the expiration of the term of office of the last holder of the office.”
The same timeline applies to elections into the National Assembly and state Houses of Assembly, which must now be held “not later than 185 days before the date on which each of the Houses stands dissolved.”
If passed and assented to by President Bola Ahmed Tinubu, the next general elections would likely hold in November 2026, instead of February and March 2027.
The bill also provides that where a vacancy occurs in any of the legislative Houses more than 90 days before a general election, such a vacancy must be filled within 30 days of its occurrence.
The proposed amendment further seeks to align the new electoral calendar with constitutional changes to Sections 76, 116, 132, and 178, which now delegate election timelines to the Electoral Act rather than the Constitution.
Other notable provisions include recognising voting rights for inmates and mandating the Independent National Electoral Commission (INEC) to register eligible prisoners; introducing digital voter identification through electronically generated voter cards with QR codes; and imposing stiffer penalties for electoral offences, including mandatory prison terms for falsifying results or obstructing election officials.
The bill also expands the delegate framework for indirect primaries to standardise internal party representation, mandates INEC to conduct financial audits within six months of each financial year to promote transparency, and raises campaign spending and donation limits to reflect current economic realities.
The bill also adds the National Identification Number (NIN) as part of the requirements for voter registration. It also introduces provisions for mandatory early voting.
Controversy over procedure
Debate on the bill was earlier stepped down last week after the Chairman of the Senate Committee on Electoral Matters, Senator Simon Lalong (APC, Plateau South), concluded his presentation on its general principles.
Senate President Godswill Akpabio, who presided over the session, said Lalong had not provided sufficient details and suggested a closed-door session to consider the proposal.
Daily Trust reports that the decision to suspend debate also followed concerns raised by Senator Binos Dauda Yaroe (Adamawa South), who questioned the procedure, describing it as unusual for a bill yet to scale second reading to have already undergone a public hearing.
“I support the second reading of this bill. But people will wonder. The second reading is supposed to come before the public hearing that was held last Monday. Holding a public hearing before second reading is confusing,” Yaroe said.
Senate Leader Opeyemi Bamidele (APC, Ekiti Central) also argued that the day was not suitable for an executive session and suggested the bill be stepped down for another legislative day.
Akpabio subsequently put the matter to a voice vote, and senators approved the suspension.
After extensive debate yesterday, the Senate passed the bill for second reading and committed it to the Committee on Electoral Matters for further legislative work, with a directive to report back within two weeks.
Another public hearing?
Speaking with Daily Trust after yesterday’s plenary, Senator Enyinnaya Abaribe (Abia South) said that there must still be a public hearing after the second reading, ahead of the third reading.
“This is the second reading. There has to be a public hearing before the third reading. I’m not aware that any has been held by the Senate on it,” Abaribe said.
Recall that a public hearing was organised on October 13 by the National Assembly Joint Committees on Electoral Matters in collaboration with the Policy and Legal Advocacy Centre (PLAC), during which stakeholders, including lawmakers, political parties, civil society organisations (CSOs), and electoral experts, made extensive submissions.
Speaking during plenary yesterday, Senator Ali Ndume (APC, Borno South) urged Nigerians to participate in the upcoming public hearing to ensure that the next elections reflect the people’s will.
However, Senator Ireti Kingibe (FCT), who was on another legislative assignment, told Daily Trust that “usually, bills go for public hearing after second reading. But we already had a public hearing, so maybe not.”
Senate President Akpabio said the upper chamber would continue consultations to perfect the electoral law ahead of 2027. “We also have another one this weekend in Lagos. We will continue to discuss until we get a real, perfect Electoral Act for the country,” he said, though he did not clarify whether the Lagos meeting would serve as another public hearing.
Senate Leader Bamidele had earlier assured that the amendment process would be concluded by December 2025, to avoid interfering with preparations for the 2027 elections.
INEC must be held accountable – Akpabio
While commenting during the debate, Senate President Akpabio said the Independent National Electoral Commission (INEC) must be held accountable for the conduct and integrity of elections in Nigeria.
He said the electoral umpire, as custodian of election materials and logistics, should bear the responsibility of proving that elections were conducted in accordance with the law.
“I agree with Senator Dickson and other senators who have called for shifting the burden of proof in electoral litigations from litigants to INEC. INEC is responsible for election logistics and conduct; it must therefore prove that the processes it supervises comply with the law,” Akpabio said.
The Senate President also said elections in Nigeria have improved since the People’s Democratic Party (PDP) left power in 2015.
Akpabio, who served two terms as Akwa Ibom State governor on the platform of the PDP, said, “You will agree with me that since the PDP left, elections have improved tremendously in this country. I have been close to most of the presidents since 1999, and I recall that in 2007, when I won as governor, our dear President Yar’adua, may his soul rest in peace, admitted that the election that brought him to power was flawed and full of inconsistencies.
“Imagine the last election, we went up to the Supreme Court debating whether winning the FCT should determine the presidency. We will do our best, and Nigerians must also play their part on this issue of electoral act amendment.”
Akpabio further alleged that some individuals from Anambra State travelled abroad during the 2023 elections to prepare questionable documents, which were later presented in court.
“Immediately after the election, they came back and submitted papers you couldn’t even fold. We must find a way to block such loopholes to prevent these occurrences,” he said.
Other contributions
During debate on the bill, Senator Abdul Ningi (PDP, Bauchi Central) said the proposed amendment aimed to promote fairness, transparency, and credibility in the electoral process.
“Every National Assembly since 1999 has tinkered with the Electoral Act to bring power closer to the people. What we are doing now is to review gaps that have hindered our electoral system from meeting global standards — particularly issues around BIVAS, electronic transmission of results, and real-time collation,” Ningi said.
Senator Adamu Aliero (APC, Kebbi Central) said the review must address inconsistencies in the 2022 Electoral Act.
“For example, in our haste to pass the last Act, we excluded senators, House members, governors, and other elected officials from serving as delegates. That was a major omission we must correct. We must also ensure elections truly reflect the people’s will. We are tired of seeing politicians use arms to intimidate and rig elections,” he said.
He urged his colleagues to support improvements to BIVAS “so that whatever result is declared reflects the actual vote.”
Senator Tahir Monguno (APC, Borno North) called for transparent party primaries, reduced election spending, and tougher sanctions for vote-buying.
Senator Agom Jarigbe (PDP, Cross River North) advocated for electronic transmission of results and independent candidacy, while Senator Olalere Oyewunmi (PDP, Osun West) pushed for stiffer penalties for electoral offenders, including INEC and security personnel who compromise elections.
Oyewunmi, the Deputy Minority Leader, lamented that many offenders had not been adequately sanctioned.
Senator Patrick Ndubueze (APC, Imo North) proposed that election results should be compiled and announced within six hours of voting, while Senator Orji Uzor Kalu (APC, Abia North) called for clear definitions of security agencies’ roles on election day and improvements in election technology.
Chief Whip of the Senate, Monguno, stressed that credible and transparent elections are key to sustaining democracy and called for sustained reforms.
Senator Adams Oshiomhole (APC, Edo North) warned against holding all elections in a single day, saying it would be dangerous if unforeseen challenges occurred.
“If all elections are held in one day and something goes wrong, the entire process will be affected, and there will be confusion everywhere,” he said, while also urging vigilance against hacking.
Senator Seriake Dickson (PDP, Bayelsa West) said democracy would be in jeopardy if the current amendment fails.
“If there’s one thing the 10th Senate must achieve, it is electoral reform,” Dickson said, recalling how the late President Umaru Musa Yar’Adua admitted flaws in his own election and former President Goodluck Jonathan conceded defeat in 2015 to strengthen democracy.
Amendment will restore public confidence – Analysts
Political analysts say the amendment, particularly the provision for mandatory electronic transmission of results, could guarantee credible elections, restore public confidence, and deepen Nigeria’s democracy.
A political scientist and former lawmaker from Rivers State, Hon. Bernard Mikko, told Daily Trust that while the initiative was commendable, sincerity and transparency were critical.
“While we look to technology, we must also address the human factor. Corrupt operators can compromise any system; therefore, honesty and integrity are crucial. If handled properly, this will deepen democracy,” Mikko said.
Similarly, political analyst Jackson Lekan Ojo said the move aligns with current realities and, if properly implemented, would lend credibility to the 2027 general elections.
He said that while the former INEC Chairman, Prof. Mahmood Yakubu, failed to deliver on electronic transmission in 2023, the current chairman, Prof. Joash Ojo Amupitan, must work closely with the National Assembly to ensure success.
“The National Assembly must ensure the amendments scale through, by passing the bill for third reading and getting the president’s assent. It will deepen our democracy and restore public confidence in the electoral process,” Ojo said.
