Senate Passes Bill for Second Reading to Reform Electoral Act
The Senate has passed a bill for second reading that seeks to repeal the 2022 Electoral Act and enact a new 2025 Electoral Act. This move aims to address technical glitches that affected result transmission during the 2023 presidential election, with a major focus on mandating the electronic transmission of election results ahead of the 2027 general elections.
The bill, which is intended to regulate federal, state, and area council elections, follows growing calls to improve the electoral process in Nigeria. The Senate Committee on Electoral Matters, led by Chairman Simon Lalong (APC, Plateau South), initiated the debate on the bill, which was later stepped down for further consideration.
During the presentation of the bill’s general principles, Lalong emphasized the need to correct lapses witnessed in the 2023 polls and strengthen the electoral process for credible future elections. A public hearing was held by the National Assembly’s joint committees on Electoral Reforms in collaboration with the Policy and Legal Advocacy Centre (PLAC) before the bill’s second reading, raising 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 explicitly mention electronic transmission, the 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.’
Other highlights of the proposed bill include:
- Statutory delegates in political parties’ primaries: The bill seeks to include statutory delegates in political parties’ primaries ahead of the 2027 general elections.
- Election timelines: It mandates 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.”
- Vacancies in legislative Houses: If a vacancy occurs more than 90 days before a general election, it must be filled within 30 days of its occurrence.
- Constitutional alignment: The bill aligns the new electoral calendar with constitutional changes to Sections 76, 116, 132, and 178, delegating election timelines to the Electoral Act rather than the Constitution.
- Voting rights for inmates: The bill recognizes voting rights for inmates and mandates INEC to register eligible prisoners.
- Digital voter identification: It introduces digital voter identification through electronically generated voter cards with QR codes.
- Stiffer penalties for electoral offences: The bill imposes stiffer penalties for electoral offences, including mandatory prison terms for falsifying results or obstructing election officials.
- Campaign spending limits: It raises campaign spending and donation limits to reflect current economic realities.
- National Identification Number (NIN): The NIN is added as part of the requirements for voter registration.
- Mandatory early voting: The bill introduces provisions for mandatory early voting.
Controversy Over Procedure
Debate on the bill was stepped down after the Chairman of the Senate Committee on Electoral Matters, Senator Simon Lalong, concluded his presentation. Senate President Godswill Akpabio noted that Lalong had not provided sufficient details and suggested a closed-door session. Concerns were raised by Senator Binos Dauda Yaroe, who questioned the unusual procedure of holding a public hearing before the second reading.
After extensive debate, 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?
Senator Enyinnaya Abaribe said there must still be a public hearing after the second reading, ahead of the third reading. Although a public hearing was organized on October 13 by the National Assembly Joint Committees on Electoral Matters in collaboration with PLAC, concerns remain about whether another public hearing will take place.
Senate President Akpabio mentioned plans for consultations to perfect the electoral law ahead of 2027, including a meeting in Lagos this weekend. However, it remains unclear if this will serve as another public hearing.
Accountability for INEC
During the debate, Senate President Akpabio emphasized the need to hold INEC accountable for the conduct and integrity of elections. He called for shifting the burden of proof in electoral litigations from litigants to INEC, stating that INEC should prove that the processes it supervises comply with the law.
Akpabio also highlighted improvements in Nigerian elections since the PDP left power in 2015, citing past instances of flawed elections. He urged Nigerians to participate in upcoming public hearings to ensure that the next elections reflect the people’s will.
Other Contributions
Several senators contributed to the debate, emphasizing the need for fairness, transparency, and credibility in the electoral process. Senator Abdul Ningi called for addressing gaps in the electoral system, while Senator Adamu Aliero urged corrections to inconsistencies in the 2022 Electoral Act.
Senator Tahir Monguno called for transparent party primaries, reduced election spending, and tougher sanctions for vote-buying. Senator Agom Jarigbe advocated for electronic transmission of results and independent candidacy, while Senator Olalere Oyewunmi pushed for stiffer penalties for electoral offenders.
Analysts’ Views
Political analysts believe the amendment could guarantee credible elections, restore public confidence, and deepen Nigeria’s democracy. Hon. Bernard Mikko emphasized the importance of sincerity and transparency, while Jackson Lekan Ojo highlighted the need for proper implementation of the amendments.
With the bill now under review, the focus remains on ensuring that the 2027 general elections are conducted fairly and transparently, reflecting the will of the Nigerian people.
