Former Senate Minority Leader, Senator Enyinnaya Abaribe, has raised concerns over what he described as confusion and lack of clarity in the Senate’s handling of provisions on the electronic transmission of election results in the newly passed Electoral Act 2026.
Speaking on X during a discussion titled ‘2027 Elections: Why Electronic Results Transmission and Collation Matter’, Abaribe said proceedings in the Senate were characterised by “a lot of movement and noise,” leaving many lawmakers uncertain about what was eventually approved.
He disclosed that Senator Victor Umeh first drew his attention to the issue, questioning whether the Senate had passed provisions on transmission or transfer of election results.
“What we had before us was what we were supposed to have considered, but what was said to have been passed was transfer,” Abaribe said.
According to him, he approached the Senate President for clarification and was assured that what was approved was the transmission of results and that there was no cause for concern.
“I believed him and returned to my seat,” he added.
However, Abaribe noted that doubts continued to trail the decision after the session, leading to renewed discussions among Senators about what actually transpired.
He explained that Senate rules make it difficult to revisit such issues once the gavel has been struck, except through a formal written motion known as a motion on rescission.
“That effectively ties your hands; you can’t move anymore,” he stated.
The former minority leader stressed that the matter goes beyond procedural issues, insisting that electronic transmission of election results must be clearly provided for in law.
He recalled that the Supreme Court had ruled that INEC guidelines, being internal administrative instruments, do not have the force of law.
“That is why there has been a strong push to clearly entrench it in the Electoral Act,” Abaribe said.
He revealed that lawmakers intended to scrutinise the Votes and Proceedings of the Senate to ascertain what was officially recorded as passed.
“On the next legislative day, the Votes and Proceedings are presented for adoption. The real issue is whether they truly reflect what we did,” he explained.
Abaribe warned that if the records show that the Senate approved provisions in line with the 2022 Electoral Act on transfer rather than transmission of results, the opposition would escalate its resistance.
“If we fail to stop this and ensure that transmission of results is backed by law, the same thing that happened in 2023 will repeat itself—results will be written, announced, and people will be told to go to court,” he warned.
He added that once such cases reach the courts, judges often rule that electronic transmission of results is not supported by law, leaving aggrieved parties without effective remedy.
