Former Senate Minority Leader, Senator Enyinnaya Abaribe , has expressed concern over what he described as confusion and lack of clarity in the Senate’s handling of provisions relating to electronic transmission of election results in the newly passed Electoral Act 2026.
Speaking during a discussion on X titled ‘2027 Elections: Why Electronic Results Transmission and Collation Matter’, Abaribe said the atmosphere in the chamber during consideration of the amendment was chaotic.
“There was a lot of movement and noise,” he said, noting that many lawmakers were left uncertain about what was eventually approved.
According to Abaribe, it was Senator Victor Umeh who first drew his attention to the discrepancy, questioning whether the Senate had approved provisions on transmission or merely transfer of election results.
“What we had before us was what we were supposed to have considered, but what was said to have been passed was transfer,” Abaribe stated.
He disclosed that he immediately approached the Senate President for clarification and was reassured that what was approved was electronic transmission.
“I believed him and returned to my seat,” he added.
Despite the assurance, Abaribe said doubts continued to trail the decision even after plenary ended, prompting renewed discussions among senators about what had actually transpired.
He explained that under Senate rules, once the gavel is struck, the chamber cannot easily revisit the matter except through a formal written motion known as a motion on rescission.
“That effectively ties your hands; you can’t move anymore,” he said.
The former minority leader stressed that the matter goes beyond parliamentary procedure, insisting that electronic transmission of election results must be clearly entrenched in law.
He recalled that the Supreme Court had previously ruled that guidelines issued by the Independent National Electoral Commission are administrative instruments and do not carry the force of law.
“That is why there has been a strong push to clearly entrench it in the Electoral Act,” Abaribe said.
Abaribe revealed that lawmakers intend to carefully examine the Senate’s Votes and Proceedings to confirm what was officially recorded as passed.
“On the next legislative day, the Votes and Proceedings are presented for adoption. The real issue is whether they truly reflect what we did,” he explained.
He warned that if records indicate that the Senate retained provisions similar to the 2022 Electoral Act on transfer rather than transmission of results, opposition lawmakers would intensify resistance.
“If we fail to stop this and ensure that transmission of results is backed by law, the same thing that happened in 2023 will repeat itself – results will be written, announced, and people will be told to go to court,” he cautioned.
Abaribe further argued that once election disputes reach the courts, judges often rule that electronic transmission is not explicitly backed by law, leaving aggrieved parties without effective remedy.
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