By Emmanuel Yasikkam Obidah, Ph.D.
In a significant turn of events that has reshaped the outlook for the 2027 general elections, the Nigerian Senate recently passed the Electoral Act (Amendment) Bill 2026. This move followed months of intense national debate over the 2025 Repeal and Enactment Bill, which represents a pivotal step in Nigeria’s democratic journey.
This piece critically examines the quagmire surrounding the legislation and the lingering unresolved questions around electoral transparency in the oil-rich African nation.
Legislative Tussle: Rejection, Harmonisation, Criticism
The initial deliberations in early 2026 were marked by the Senate’s refusal to make electronic transmission mandatory, leading to a dramatic shift in February. Following a motion for rescission and overwhelming public outcry, the Senate officially endorsed the electronic transmission of results. However, it is important to underline that the “Digital Wall” has not been entirely dismantled. To be sure, the Senate’s version of the bill introduces a dual-protocol system under the newly amended Section 60. Here are a few grey areas worth reflecting on:
As regards the primary protocol, the presiding officers are now legally mandated to electronically transmit results from polling units to the INEC Result Viewing Portal (IReV) immediately after Form EC8A is signed.
Most importantly, the “fallback” clause also draws attention. In a move that has drawn fire from transparency advocates, the Senate maintained that if electronic transmission fails due to network issues, the physical Form EC8A remains the primary legal source for collation.
“The initial deliberations in early 2026 were marked by the Senate’s refusal to make electronic transmission mandatory, leading to a dramatic shift in February.” – Fr. Dr. Obidah
There is also skepticism about Real-Time or delayed transmission of results. The core of the current dispute lies in the phrase “real-time.” While the House of Representatives pushed for an uncompromising mandate for immediate digital uploads, the Senate’s version allows for a “transfer” process that critics fear creates a window for manual intervention.
Senate President, Godswill Akpabio and other supporters of the “fallback” mechanism cite Nigeria’s uneven telecommunications infrastructure. They argue that a rigid “real-time or nothing” law could disenfranchise voters in remote areas with poor 4G/5G coverage.
Opposition leaders and civil society groups remain wary. Former Vice President Atiku Abubakar, former Labour Party Presidential Candidate Peter Obi, former Minister of Transportation, Rotimi Amaechi, and various pro-democracy stakeholders argue that as long as the manual result sheet can supersede the electronic one in “failure scenarios,” the door remains open for the “human errors” and “adjustments” that have historically marred Nigerian polls.
The 2026 Amendment: Grey Areas and Loopholes
Apart from result transmission, the new Bill introduces several structural changes aimed at deploying the use of technology in the 2027 cycle elections. These grey areas or changes include:
First, the law now provides for the official replacement of “smart card readers” with the Bimodal Voter Accreditation System (BVAS) as the mandatory technology for verifying voters.
Second,the notice of election has been reduced from 360 days to 180 days before the poll, which will force political parties to speed up their internal primaries.
“The caution of the Senate is rooted in protecting the status quo rather than technical limitations.” – Fr. Dr. Obidah
Third, in a controversial move, the Senate did not adopt provisions that would allow digital logs to stand alone in court. This means oral evidence from witnesses is still required to prove non-compliance, rather than relying solely on certified digital documents.
Fourth,mandatory electronic transmission is now legally recognised, finally giving the IReV portal the legal backing it lacked during the 2023 litigations.
However, there are certain loopholes in the newly proposed bill. The core of the dispute remains the phrase “real-time.” Critics argue that as long as a “fallback” to manual processes exists, the system remains vulnerable. If citizens can transfer money via banking apps in remote villages, why should an election result be different? Opposition leaders and various pro-democracy stakeholders argue that these loopholes represent a “profound setback,” suggesting that the caution of the Senate is rooted in protecting the status quo rather than technical limitations.
“Who is afraid of a truly transparent vote?” – Fr. Dr. Obidah
The passage of the bill has not silenced the question: Who is afraid of a truly transparent vote? The integrity of a democracy is measured by the distance between the voter’s intent and the final declared result. By creating a “fallback” to manual processes, the legislature has left a bridge that many fears lead back to the risk that results change between the polling unit and the collation center. The fear that technology is being used as a “cosmetic” layer rather than a “security” layer Ensuring that the IReV data is the “gold standard” in court, rather than a secondary reference.
Signposting: Way Forward
As of mid-February 2026, a 12-member Conference Committee, chaired by Senator Simon Bako Lalong, is working to harmonise the differences between the Senate and House versions. The goal is to produce a unified document for Presidential assent by the end of the month.
The 2026 Amendment is a step toward modernisation, but the “fallback” loophole suggests that the struggle between progress and the status quo is far from over. If there is nothing to hide in the counting of votes, the final law must ensure that the digital footprint of every ballot is permanent, immediate, and indisputable.
“Nigerians must remain vigilant to ensure that these reforms are not diluted in the final harmonisation process.” – Fr. Dr. Obidah
However, it is the malicious, wicked, unpatriotic, visionless, corrupt, and desperate politicians who will never support any innovation that will bring an end to their political mediocrity and sit-tight mentality, who are the unpatriotic elements scared of free, fair, credible, and transparent elections? To this end, Nigerians must remain vigilant to ensure that these reforms are not diluted in the final harmonisation process. Every patriotic Nigerian must rise to resist this callous set of political jobbers!
Rev. Fr. Obidah, PhD (Sacred Liturgy), is a fide donum priest of Bauchi Diocese to the Diocese of Dunkeld and the pastor of St. John Vianney Parish, East Stirling St Alva, Clackmannanshire, Scotland, United Kingdom.
