Senate Amends Electoral Act, Cuts Election Notice Period to Avoid Ramadan
The Nigerian Senate has enacted a significant amendment to the Electoral Act, reducing the mandatory notice period required before an election from 360 days to 300 days. This legislative change is specifically designed to prevent the 2027 Presidential and National Assembly elections from being scheduled during the holy month of Ramadan, a move aimed at safeguarding voter participation and electoral integrity.
Flexibility for INEC and Revised Clause
The amendment grants the Independent National Electoral Commission (INEC) increased flexibility to schedule elections between December 2026 and January 2027. The revised Clause 28 now explicitly states that “the Commission shall, not later than 300 days before the day appointed for holding of an election under this Bill, publish a notice in each State of the Federation and the Federal Capital Territory – stating the date of the election; and (b) appointing the place at which nomination papers are to be delivered.”
This adjustment was introduced during a clause-by-clause review of the reworked Electoral Act Amendment Bill. Senate Leader Opeyemi Bamidele spearheaded the initiative by moving a motion for the rescission and recommittal of the Electoral Act, 2022 (Repeal and Enactment) Bill, 2026.
Rationale Behind the Amendment
Bamidele provided a detailed explanation, noting that a thorough review of the previously passed bill revealed that the 360-day notice requirement could inadvertently lead to the 2027 elections being scheduled during Ramadan. He issued a stern warning that conducting elections during this fasting period could severely impact voter turnout, disrupt logistical arrangements, hinder stakeholder participation, and ultimately compromise the overall credibility and inclusiveness of the electoral process.
The motion also highlighted numerous discrepancies within the bill, including issues in the long title and several clauses such as Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93, and 143. These inconsistencies reportedly affected cross-referencing, numbering, and internal consistency, necessitating a comprehensive overhaul.
Parliamentary Proceedings and Tensions
The legislative session was marked by brief disruptions as lawmakers embarked on a detailed consideration of the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following the motion to rescind the earlier amendment. After the motion was seconded, the Senate dissolved into the committee of the whole for a thorough reconsideration of the legislation.
As Senate President Godswill Akpabio meticulously read through the clauses, Senator Enyinnaya Abaribe raised a critical point of order at Clause 60, drawing immediate attention and prompting intense consultations among lawmakers. This development led to a closed-door meeting to address the emerging concerns.
Upon resumption of plenary, tensions escalated over a demand for division on Clause 60 raised by Abaribe. Akpabio initially believed the demand had been withdrawn, but opposition senators vehemently objected. Deputy Senate President Barau Jibrin cited Order 52(6), arguing that it would be procedurally out of order to revisit a matter already ruled upon by the Senate President. This exchange triggered further disagreement, including a brief confrontation between Senator Sunday Karimi and Abaribe.
Clarification and Voting Process
Bamidele intervened to remind lawmakers that his motion for rescission effectively nullified previous decisions, thereby validating Abaribe’s demand as procedurally in order. Akpabio suggested that the call for division was an attempt by Abaribe to publicly state his position. He ultimately upheld the point of order, after which Abaribe formally moved his motion under Order 72(1).
Abaribe specifically called for a division on Clause 60(3), focusing on the provision that allows for manual transmission of election results in the event of electronic transmission failure. He sought the removal of the proviso permitting manual transmission during network failures, advocating for a more robust electronic system.
Outcome of the Legislative Vote
During the voting process, Akpabio instructed senators in support of retaining the proviso to stand, followed by those opposed. The results revealed that 15 opposition senators voted against the proviso, while 55 senators voted in favor of its retention. Following this decisive vote, the Senate successfully passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, marking a pivotal moment in Nigeria’s electoral reform efforts.
