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Senate Passes Electoral Act 2022 Repeal and Re-Enactment Bill After Heated Clause 60 Vote

Senate Passes Electoral Act 2022 Repeal and Re-Enactment Bill After Heated Clause 60 Vote

The Senate on Tuesday approved the Electoral Act, 2022 (Repeal and Re-Enactment) Bill, 2026, following intense deliberations that at some point turned rowdy.

Tension rose shortly after plenary resumed when Senator Enyinnaya Abaribe (ADC, Abia South) demanded a division on Clause 60 of the bill. Senate President Godswill Akpabio responded that he understood the request had earlier been withdrawn. His position was immediately challenged by several opposition lawmakers.

Invoking Order 52(6) of the Senate Standing Orders, Deputy Senate President Barau Jibrin argued that revisiting a matter already ruled upon by the presiding officer would be procedurally improper. His submission triggered fresh protests across the chamber, including a brief verbal exchange between Senator Abaribe and Senator Sunday Karimi.

Seeking to calm the situation, Senate Leader Opeyemi Bamidele reminded colleagues that he had earlier sponsored a motion for rescission, meaning previous decisions on the bill were no longer binding. He maintained that Senator Abaribe’s call for a division was therefore consistent with the motion adopted by the Senate.

Akpabio suggested that the insistence on division was aimed at publicly registering dissent. He subsequently upheld the point of order, prompting Abaribe to rise in objection before being asked to formally present his motion.

Citing Order 72(1), Abaribe moved for a division on Clause 60(3), particularly objecting to the provision permitting manual transmission of election results where electronic transmission fails. He sought the removal of the proviso allowing manual submission in the event of network disruptions.

During voting, the Senate President directed lawmakers in support of retaining the caveat to stand, followed by those opposed. Fifteen opposition senators voted against the proviso, while 55 senators supported its retention.

Clause-by-Clause Review

Earlier in the day, plenary proceedings slowed as lawmakers embarked on clause-by-clause consideration of the bill after adopting a motion to rescind its earlier passage.

The rescission motion, formally seconded on Tuesday, enabled the chamber to dissolve into the Committee of the Whole for comprehensive reconsideration of the proposed legislation.

As the review progressed, Akpabio called out each clause for deliberation. However, debate stalled again at Clause 60 when Abaribe raised a point of order, drawing widespread attention. Lawmakers were seen conferring in small groups and approaching the presiding officer’s desk for consultations before the Senate moved into a closed-door session.

Concerns Over 2027 Election Timetable

Prior to rescinding the bill, senators had expressed reservations about the timeline for the 2027 general elections and certain technical inconsistencies in the legislation.

Relying on Order 52(6), Senate Leader Opeyemi Bamidele moved to reverse the earlier passage of the bill and return it to the Committee of the Whole for further scrutiny.

He explained that the development followed the announcement by the Independent National Electoral Commission (INEC) scheduling the 2027 general elections for February 2027 after consultations with National Assembly leadership.

According to him, stakeholders raised concerns that the proposed date may conflict with provisions of the amended law requiring elections to be conducted not later than 360 days before the expiration of current tenures.

Bamidele added that a careful review of Clause 28 revealed that the 360-day notice requirement could result in the presidential and National Assembly elections falling within the Ramadan period in 2027. He cautioned that holding elections during Ramadan might affect voter turnout, logistics, stakeholder engagement, and overall inclusiveness.

The motion also pointed to drafting inconsistencies in the Long Title and multiple clauses 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 citing errors in cross-referencing, numbering, and internal alignment within the bill.

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