Senate Passes 2026 Electoral Act Amendment After Marathon Session

Tosin Adegoke
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The Nigerian Senate passed the Electoral Act (Repeal and Re-enactment) Bill 2026 on Wednesday, following an intensive five-hour clause-by-clause consideration aimed at overhauling the nation’s voting framework ahead of the 2027 general elections. The upper chamber considered all 155 clauses of the bill, introducing sweeping changes to administrative timelines and punitive measures for electoral fraud while notably declining to mandate the real-time electronic transmission of results.

Presiding over the session, Senate President Godswill Akpabio emphasised that the legislative body prioritised thoroughness over speed to ensure the law survives judicial scrutiny. He noted that the amendment is critical to national stability and designed to prevent the protracted legal battles that often follow Nigerian elections.

"This is a very important bill, especially as it is election time," Senator Akpabio stated during the deliberations. "We must take our time to ensure justice is done to all so that we do not end up at the tribunal."

One of the most significant shifts in the 2026 amendment involves the compression of election schedules. The Senate approved a reduction in the timeframe for the "Notice of Election" from 360 days to 180 days before the poll date. Additionally, political parties must now submit their candidate lists at least 90 days before the general election, a sharp drop from the previous 180-day window.

In a move that sparked heated debate, the Senate rejected a proposal to make the electronic transmission of polling unit results to the INEC Result Viewing Portal (IReV) mandatory. Instead, lawmakers voted to maintain the status quo from the 2022 Act, which grants the Independent National Electoral Commission (INEC) the discretion to determine the "manner" in which results and accreditation data are transferred.

Technological terminology within the law was updated to reflect current realities. The bill officially replaces all references to "smart card readers" with the Bimodal Voter Accreditation System (BVAS). Despite calls for digital voter identification alternatives, the Senate affirmed that the physical Permanent Voter Card (PVC) remains the sole mandatory mode of identification at polling units.

Legislators also moved to sharpen the penalties for voter card racketeering. While the Senate rejected a proposed 10-year prison sentence for buying or selling PVCs, it opted to increase the associated financial penalty. The fine for such offences was raised from ₦2 million to ₦5 million, while the two-year imprisonment term remains in place.

Furthermore, the Senate struck out Clause 142 of the bill. This provision would have allowed political parties to prove cases of non-compliance in court using only certified documents without the requirement for oral evidence. Lawmakers argued that removing this clause would prevent what they described as a "waste of time" during tribunal proceedings, ensuring that oral testimony remains a cornerstone of electoral litigation.

The passage of the bill follows a version previously approved by the House of Representatives in late 2025. Because differences exist between the two versions—particularly regarding the mandate for electronic transmission—the Senate has constituted a seven-member harmonisation committee to reconcile the documents.

Once a unified version is agreed upon by both chambers of the National Assembly, the final bill will be transmitted to President Bola Tinubu for his assent. The legislature aims to finalise the law before INEC issues the official public notice for the 2027 General Elections, expected later this month.

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