* Denies Judiciary Power To Declare Runners Up, Winners In Litigation
* Reduces Notification of Election Period From 360 To 180 Days
The Senate on Wednesday flatly rejected popular demands for electronic transmission of election from polling units to INEC IREVs.
- Advertisement -
In a long session spanning over an additional 4 hours to its 11am – 2am normal sitting time, the red chamber after going through a clause by clause of the proposed amendment of Electoral Act eventually passed for third reading amendment bill 2026 on the 2022 Electoral Act.
One of the amendments effected on the 2022 Electoral Act in the 2026 Electoral Bill by the Senate , is clause 136 by making provisions for rerun of elections litigated against on the grounds of ineligibility of the winner declared by the Independent National Electoral Commission (INEC).
Senate in the new provision, seeks for rerun among remaining candidates of political parties that participated in any annulled election by the court on account of ineligibility of the earlier declared winner by INEC .
Ineligibility of such a winner as stated in the provision , refers to a candidate later found to have been involved in forged or fake documents .
“Under the new provisions, political parties would no longer be allowed to replace candidates disqualified after an election, and where necessary, fresh polls would be conducted excluding both the disqualified candidate and the sponsoring party”.
The Senate in the passed electoral bill , however rejected a proposal made by its committee on Electronic transmission of election results by retaining provisions made in the 2022 Electoral Act .
Section 60 as recommended by the committee reads: “60. Counting of votes and forms
(1) The Presiding Officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the Commission.
(2) E (2) The form shall be signed and stamped by the Presiding Officer and countersigned by the Candidates or their polling agents where available at the polling unit.
(3) The Presiding Officer shall electronically transmit the results from each polling unit to IREV portal in real time 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.
(4) (5) The Presiding Officer shall count and announce the result at the polling unit.
(5) The Presiding Officer shall transmit the results including total number of accredited voters to the next level of collation.
(6) A Presiding Officer who wilfully contravenes any provision of this clause commits an offence and is liable on conviction to a fine of not less than N500,000 and imprisonment for a term of not less than six months or both.”
But the amendment was not adopted. Instead, the 2022 version was retained. It reads thus: “Counting of votes and forms
(1) The Presiding officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the commission as the case may be.
(2)The form shall be signed and stamped by the Presiding officer and counter signed by the candidates or their polling agents where available at the polling unit.
(3) The presiding officer shall give to the polling agents and the police officer where available a copy each of the completed forms after it has been duly signed as provided under subsection (2).
(4) The presiding officer shall count and announce the result at the polling unit.
(5) The presiding officer shall transfer the result, including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.
(6) A presiding officer who willfully contravenes any provision of this section commits an offence and is liable on conviction to a fine not more than N500,000 or imprisonment for a term of at least six months.”
The Senate also tinkered with section 76 of the 2022 electoral Act by reducing the period for notice of election from 360 days to 180 days of expiration of tenure of the incumbent.
It accordingly reduced the period of nomination of candidates from 180 days to 90 days before expiration of tenure of incumbent.
After passing the bill for third reading , the Senate accordingly set up a harmonization committee for interface with the House of Representatives on the bill before transmission to President Bola Tinubu .
Members of the Committee chaired by Senator Simon Lalong (Plateau South), are Tahir Monguno (:Borno North ), Adamu Aliero (Kebbi Central) , Orji Uzor Kalu (Abia North), Abba Moro (Benue South) , Asuquo Ekpenyong (Cross River South), Aminu Iya Abbas (Adamawa Central) , Tokunbo Abiru (Lagos East) and Adeniyi Adegbonmire (Ondo Central)
