Finally Senate Passes Electoral Act Amendment Bill

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The Senate on Tuesday passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026.

Before the passage, there was a rowdy session as the upper chamber resumed proceedings with a demand for division over Clause 60 raised by Senator Enyinnaya Abaribe (ADC/Abia South).

The Senate President, Godswill Akpabio, stated that he believed the demand had previously been withdrawn, but several opposition senators immediately objected to that claim.

Citing Order 52(6), the Deputy Senate President, Barau Jibrin, argued that it would be out of order to revisit any provision on which the Senate President had already ruled.

This submission sparked another uproar in the chamber, during which Senator Sunday Karimi had a brief face-off with Abaribe.

The Senate Leader, Opeyemi Bamidele, then reminded lawmakers that he had sponsored the motion for rescission, underscoring that decisions previously taken by the Senate are no longer valid.

He maintained that, consistent with his motion, Senator Abaribe’s demand was in line.

Akpabio further suggested that the call for division was merely an attempt by Senator Abaribe to publicly demonstrate his stance to Nigerians.

The senate president sustained the point of order, after which Abaribe rose in protest and was urged to formally move his motion.

Rising under Order 72(1), Abaribe called for a division on Clause 60(3), specifically concerning the provision that if electronic transmission of results fails, Form EC8A should not serve as the sole basis, calling for the removal of the proviso that allows for manual transmission of results in the event of network failure.

During the division, Akpabio directed senators who supported the caveat to stand.

He then asked those opposed to the caveat to rise.

Fifteen opposition senators stood in opposition.

However, when the votes were counted, the Senate President announced that 15 senators were not in support of the proviso, while 55 senators voted in support of it.

Clause-By-Clause Consideration
Earlier, proceedings in the Senate were momentarily stalled as lawmakers began clause-by-clause consideration of the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a motion to rescind the earlier amendment.

The motion to rescind the bill was formally seconded on Tuesday, paving the way for the upper chamber to dissolve into the committee of the whole for detailed reconsideration and reenactment of the proposed legislation.

During the session, the Senate President, Godswill Akpabio, reeled out the clauses one after the other for deliberation.

However, the process stalled when at clause 60, Senator Enyinnaya Abaribe (ADC/Abia South), raised a point of order, drawing immediate attention on the floor.

Following the intervention, murmurs spread across the chamber as lawmakers began speaking in small groups and approaching the Senate President’s desk for consultations.

The session immediately moved into a closed door session.

Election Timetable
Before rescinding the Electoral Act, the red chamber raised concerns over the timing of the 2027 general elections and technical inconsistencies in the legislation.

Rising under Order 52(6) of the Senate Standing Orders, the Senate leader, Opeyemi Bamidele, moved the motion to reverse the earlier passage of the bill and return it to the Committee of the Whole for fresh deliberations.

He explained that the development follows the announcement by the Independent National Electoral Commission (INEC) of a timetable fixing the 2027 general elections for February 2027, after consultations with the leadership of the National Assembly.

He stated that stakeholders had raised concerns that the proposed date conflicts with the provisions of the amended law, particularly the requirement that elections be scheduled not later than 360 days before the expiration of tenure.

He further noted that upon critical review of the passed bill, the 360-day notice requirement prescribed in Clause 28 could result in the scheduling of the 2027 Presidential and National Assembly elections during the Ramadan period.

According to him, holding elections during Ramadan could negatively affect voter turnout, logistical coordination, stakeholder participation, and the overall inclusiveness and credibility of the electoral process.

The motion also highlighted discrepancies discovered in the Long Title and several clauses of the bill, including Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93, and 143. The identified issues reportedly affected cross-referencing, serial numbering, and internal consistency within the legislation.

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