Fresh controversy has erupted in the Senate over the fate of Section 60 of the Electoral Act Amendment Bill, as members of the Minority Caucus and key figures in the Electoral Committee accused unnamed actors within the legislative process of betraying prior agreements on real-time electronic transmission of election results.
Addressing journalists at the National Assembly on Thursday, the lawmakers insisted that widespread reports claiming the Senate rejected mandatory real-time electronic transmission were premature and inaccurate.
They argued that the legislative process on the bill is not yet complete because the Senate has not adopted the Votes and Proceedings, the chamber’s official and legally binding record.
According to them, until the Votes and Proceedings is formally adopted, no harmonisation with the House of Representatives can lawfully take place, and the true position of the Senate on the contentious provision remains unsettled.
Their position sharply contrasts reports from plenary suggesting the Senate retained the 2022 Electoral Act wording, which requires presiding officers to “transfer” results as prescribed by INEC, rather than explicitly mandating real-time transmission to the IReV portal.
But the caucus maintained that agreements reached at three stages — the Electoral Committee, the Senate ad hoc committee, and a closed-door executive session — were clear and unambiguous on real-time electronic transmission from polling units.
“We reiterated this yesterday: that we are not going backwards; we are going forward,” Senator Abaribe declared.
He explained that after the Electoral Committee report was presented, the Senate constituted an ad hoc committee led by Senator Adeniyi Adegbomire to resolve grey areas before returning to plenary for final passage.
“That was the essence of the executive session to tidy up the grey areas so that when we return to plenary, we pass a clean document. And we all agreed on electronic transmission of results in real time,” he said.
The senator added that confusion on the floor during plenary, caused by movements and side conversations, created the impression that the provision had been dropped.
“We went back individually to confirm what was done. Even the Senate President confirmed on the floor that electronic transmission was passed. We have the record,” he stated.
However, he stressed that the Senate adjourned without taking what he described as the most crucial procedural step — adopting the Votes and Proceedings.
“That is where the issue lies. The harmonisation committee cannot meet because the document they will use must first be ratified in the Votes and Proceedings. There is still one constitutional step left,” he said.
“Public opinion is being discarded” — Ningi
Senator Abdul Ningi, a member of the Electoral Committee, expressed deep frustration, recalling that the committee held 27 public hearings across the country since September 2024.
“I am very pained personally. Every item in this report is a product of extensive public hearing. And now it appears that public opinion is being discarded. We cannot continue on this negative trajectory as a National Assembly,” Ningi said.
He stressed that the matter transcends party lines.
“This is not a party matter. This is a Nigerian matter. Transparent elections are the grundnorm of democracy,” he added.
Abaribe: ‘Process not finished’
Senator Enyinnaya Abaribe repeatedly emphasised that the process remains legally incomplete.
“What we discussed is still in the ether. Until we approve the Votes and Proceedings, nobody can go to harmonisation,” he said.
Abaribe also drew attention to the distinction between the words “transfer” and “transmission”, arguing that the Senate deliberately opted for clearer language to eliminate ambiguity.
“What is in the 2022 Act is ‘transfer’. We do not want a law that is vague or open to misinterpretation. What we passed is electronic transmission of results,” he stated.
He warned that if the adopted record fails to reflect what senators agreed upon, they would insist on corrections before harmonisation.
Urging Nigerians to engage
The caucus called on Nigerians to mount pressure on their representatives, noting that lawmakers had been inundated with messages from constituents.
“My people in Abia South have been sending me messages since yesterday, asking questions. Nigerians must ask questions of their representatives,” Abaribe said.
They maintained that public vigilance at this stage could determine whether the final document signed into law reflects the will expressed during the public hearings.
Tension over harmonisation committee
Suspicion deepened after a rowdy session over the initial composition of the harmonisation (conference) committee, with lawmakers protesting the exclusion of key committee chairmen, including Senators Adegbomire and Simon Lalong.
Former Chief Whip, Senator Ali Ndume, openly objected, saying: “It is wrong to set up a harmonisation committee without them.”
Following the protests, Senate President Godswill Akpabio revised the list, appointing Adegbomire as chairman of the committee.
Akpabio, Adaramodu deny rejection
Senate President Akpabio denied claims that electronic transmission was rejected.
“What we did was to retain what existed in the 2022 Act. That means electronic transmission remains part of our law,” he said.
Senate spokesperson Yemi Adaramodu similarly dismissed the controversy, arguing that debates over “real time” amounted to semantics since electronic transmission remains mandatory.
Other major amendments passed
Beyond the Section 60 dispute, the Senate approved sweeping electoral timeline changes:
- Election notice reduced from 360 days to 180 days
- Political parties to submit candidates’ lists 90 days before elections
- INEC publication of nominations reduced from 150 days to 60 days
- Replacement of smart cards with BVAS
- Increase in fine for vote buying to ₦5 million
- Mandatory rerun elections where winners are disqualified for fraud
- Rejection of a proposed 10-year jail term for electoral offenders
What happens next
The Minority Caucus insists the harmonisation committee cannot lawfully meet until the Senate reconvenes to adopt the Votes and Proceedings, a step they say will be decisive in determining whether real-time electronic transmission is officially captured as passed.
Until then, they argue, the process remains incomplete and the official record unsettled.
Meanwhile, Akpabio has announced a conference committee to harmonise the Senate’s version with that of the House of Representatives, to be chaired by Senator Simon Lalong, with Senators Adamu Aliero, Orji Uzor Kalu, Abba Moro, Asuquo Ekpeyong, Aminu Iya Abbas, Tokunbo Abiru and Adeniyi Adegbomire as members.
For the caucus, however, the immediate focus remains the adoption of the Votes and Proceedings — the step they say will determine the true legislative position of the Senate on Section 60 before the bill proceeds to presidential assent.
Credit: The Sun