The ruling All Progressives Congress (APC) yesterday used its overwhelming majority in both chambers of the National Assembly to pass the revised Clause 60(3) of the Electoral Act Amendment Bill, which addresses mandatory real-time electronic transmission of election results from polling units to the IRev portal.
The clause states: “The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding Officer and/or countersigned by the candidates or Polling agents where available at the Polling Unit.
“Provided that if the electronic transmission of the result fails as a result of communication failure and it becomes impossible to transmit the result contained in form EC8A signed and stamped by the Presiding Officer and countersigned by the candidates or polling agents where available at the polling unit, the form EC8A shall remain the primary source of collation and declaration of the result.”
APC’s membership in both the Senate and the House of Representatives has surpassed a two-thirds majority following defections from opposition parties, making the passage of key bills and amendments relatively smooth.
Court rulings nullifying Peoples Democratic Party (PDP) victories in Plateau and subsequent defections contributed to the APC now holding at least 241 out of 360 seats in the House of Representatives, compared with 175 at its June 2023 inauguration, short of the 181-seat simple majority then required to elect the speaker.
Opposition parties initially controlled 182 seats, with the PDP holding 116, Labour Party (LP) 35, New Nigeria Peoples Party (NNPP) 19, All Progressives Grand Alliance (APGA) five, and ADC, Social Democratic Party (SDP), and Young Progressives Party (YPP) holding two each. Three federal constituency seats were pending due to court orders.
In the Senate, APC now controls 80 of 109 seats, with the PDP holding 21, LP three, APGA two, and NNPP one, while two seats remain vacant following the deaths of Senators Okechukwu Ezea and Godiya Akwashiki. At the 10th Senate’s inauguration, APC held 59 seats, PDP 36, LP eight, and the remaining parties shared the rest.
The party’s dominance in both chambers facilitated the passage of the electoral amendment bill, which now allows both electronic and manual transmission in cases of network or communication failure.
While the House initially approved mandatory electronic transmission, it later aligned with the Senate’s version, which retained a caveat, following a rowdy session in which opposition lawmakers staged a walkout, chanting “APC, ole! APC, ole!”
The Senate retained the proviso allowing presiding officers to use Form EC8A as a backup if electronic transmission fails, after a motion by Senate Leader Opeyemi Bamidele (APC-Ekiti) was seconded by Sen. Simon Lalong (Plateau South).
Bamidele said the review of the Electoral Act, 2022 (Repeal and Enactment) Bill, 2026 identified discrepancies in clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93 and 143, affecting cross-referencing, serial numbering, and internal consistency.
He said a technical committee of leaders from both chambers, conference committee members, clerks, and legal drafting experts met to harmonise the bill to ensure electoral timelines and statutory provisions promote fairness, inclusivity, and public confidence.
The Senate subsequently rescinded its previous decision, recommitted the bill to the Committee of the Whole, and after clause-by-clause review, retained Clause 60(3) with its proviso. Fifty-five senators voted for the provision, while 15 opposed, and 39 were absent.
Senate President Godswill Akpabio said, “This is a major innovation since 1960. With this, senate’s stance should be applauded. I thank you for your innovation that we should undertake this. This will enable all the political parties to protect the results of their candidates.”
The House of Representatives also rescinded its earlier approval and adopted the Senate version during an emergency session presided over by Deputy Speaker Benjamin Okezie Kalu, ensuring that electronic transmission remains primary but allowing Form EC8A as a fallback.
Opposition members, led by Minority Leader Kingsley Chinda, protested, insisting that elections should be transmitted exclusively electronically to prevent manipulation, arguing that the APC acted based on political advantage rather than logic or facts.
Chinda said, “Our position is clear. Elections shall and should be transmitted electronically. We are against any clause that will create room for manipulation, rigging, or any untoward act.”
Besides Clause 60(3), lawmakers amended Clause 84 to remove indirect primaries, limiting political parties to direct primaries or consensus for candidate selection, while also barring parties from imposing additional qualifications beyond the Constitution.
The National Assembly also amended Clause 28(1) to give the Independent National Electoral Commission (INEC) flexibility to adjust the 2027 election timetable to avoid Ramadan fasting, reducing the notice period from 360 days to 300 days.
The INEC had earlier scheduled presidential and national assembly elections for February 20, 2027, and governorship and state assembly polls for March 6, but the amendment now allows a 60-day window to adjust polling dates for religious considerations.
The changes underscore APC’s legislative control and the capacity to reshape electoral law while opposition parties expressed dissatisfaction, highlighting the tension between party dominance and minority representation in Nigeria’s National Assembly.
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