Senate Amends Section 60 of Electoral Act, Creating Manual “Loophole”
The Nigerian Senate, presided over by Godswill Akpabio, on Tuesday amended Section 60 of the Electoral Act 2026. While the new law mandates the electronic transmission of results to the INEC Result Viewing Portal (IREV), it includes a controversial provision that allows manual result sheets to take precedence in the event of technical failures.
Under the revised clause, presiding officers are legally required to upload results from polling units after voting. However, the amendment clarifies that if “communication or network failure” prevents this, the manual result sheet (Form EC8A) will serve as the primary source for the final collation and declaration of results.
Senate President Akpabio defended the decision during the plenary session, urging colleagues who disagreed to move formal counter-motions. “It’s very simple. If you disagree with him, move your counter motion. So, if you agree with him, you agree with me when I put the votes,” he stated to the chamber.
The amendment specifies that electronic transmission must occur after Form EC8A is signed and stamped by the presiding officer and available party agents. Akpabio noted that the new wording provides a necessary fallback, stating, “it becomes impossible to transmit… the Form EC8A shall in such a case be the primary source of collation.”
The move has sparked fierce criticism from civil society organizations and opposition leaders, who argue the “network failure” clause is a significant loophole. Critics, including Omoyele Sowore, contend that allowing manual results to supersede electronic ones invites manipulation and undermines the transparency promised by digital reforms.
To finalize the bill, the Senate has expanded its conference committee to 12 members, led by Senator Simon Lalong, to match and harmonize with the House of Representatives’ delegation. Akpabio expressed confidence in a swift conclusion, noting, “The President is expected to sign this into law in February.”
As protests under the #OccupyNASS banner continue in Abuja, activists warn that the legislative changes are a “regression” intended to weaken the 2027 electoral process. Sowore remarked during a rally that the ruling class is “afraid of transparent elections because it would expose their inability to win genuinely.”
