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February 11, 2026
Lagos, Nigeria
For Immediate Release
Press Statement
Electoral Act Amendment: Senate’s Decision Sets Nigeria Up for Another Cycle of Disputed Elections
“For democracy to work, the people must be empowered to participate in the process, and the process must be transparent, credible, and free from manipulation.”
–Pat Utomi
(Nigerian Professor of Political Economy)
On February 10, 2026, the Senate reversed its earlier position on electronic transmission of results, a move that superficially appears to be a victory for democracy but is, in fact, a carefully crafted loophole that preserves the very vulnerabilities that undermined the 2023 elections. The amended Clause 60(3), which permits but does not mandate real-time electronic transmission and provides a convenient escape clause, represents legislative bad faith masquerading as reform.
Ufuoma Nnamdi-Udeh, Executive Director of EiE Nigeria, strongly condemned the Senate’s action: “The Senate’s ‘cosmetic’ amendment to the Electoral Act is nothing short of a calculated insult to the intelligence of the Nigerian people. By creating a convenient ‘network failure’ escape clause, they have essentially legalised electoral fraud. This is not the reform Nigerians demanded, protested for, and deserve. We will not accept half-measures that preserve the same loopholes that made 2023 a credibility nightmare.”
The Senate’s new proposal states that presiding officers may transmit results electronically after Form EC8A has been signed, “provided if the electronic transmission does not fail and becomes impossible to use, then the Form EC8A shall be the primary source of election results.”
This clause is fundamentally flawed and dangerous for the following reasons:
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- By making manual Form EC8A the “primary source” whenever electronic transmission “fails,” the Senate has effectively created a legal framework for deliberate sabotage. In a country where network infrastructure can be conveniently disrupted, this provision transforms technical failure into a tool for manipulation. The 2023 elections demonstrated precisely this vulnerability. Results from polling units in critical areas mysteriously failed to upload, creating windows for alteration during manual collation. Rather than closing this loophole, the Senate has now codified it into law.
- The deliberate removal of “real-time” from the provision reveals the Senate’s true intention. Real-time transmission eliminates the time gap between voting and result declaration, the very window that enables manipulation. By permitting delayed transmission, the Senate preserves opportunities for interference between polling units and collation centres. The argument that transmission will occur “after Form EC8A has been duly signed” is meaningless without a time-bound requirement. “After” could mean minutes, hours, or days, during which results can be compromised.
- Using permissive rather than mandatory language (“permits” rather than “requires”) means electronic transmission remains optional, not required. This returns us to the discretionary framework that the Supreme Court already declared non-binding in its 2023 ruling. If transmission is not legally mandatory, INEC and presiding officers face no consequences for non-compliance. The same pattern that characterised 2023, where some results were transmitted, and others were mysteriously not, will simply continue.
- What constitutes “failure”? Who determines when electronic transmission has “become impossible”? The clause provides no objective criteria, no verification mechanism, and no accountability measures. This is particularly troubling given the facts on the ground. A joint committee of INEC and the Nigerian Communications Commission (NCC) found that network operators could cover approximately 93% of polling units around the 2019 elections, leaving only about 7% as gaps. Yet the Senate’s clause treats network failure as the norm rather than the exception, creating a blanket excuse that could be invoked across 100% of polling units, not just the legitimate 7%.
In the absence of these safeguards, “network failure” becomes a convenient excuse deployable anywhere, anytime, particularly in politically sensitive areas where results might not favour certain interests. Nigeria’s patchy telecommunications infrastructure, rather than being improved, becomes weaponised as justification for opacity.
Akindeji Aromaye, Senior Media Associate at EiE Nigeria, emphasised the political calculation behind the clause: “This is legislative theatre at its worst. The Senate calculated that Nigerians would celebrate the reversal without reading the fine print. But we’ve read it, and it’s clear: they’ve given themselves permission to ignore electronic transmission whenever it’s politically convenient. The ‘network failure’ clause is a get-out-of-transparency-free card.”
Our earlier analysis of the Senate’s initial rejection warned precisely of this outcome. We stated: “Discretion is fundamentally insufficient to guarantee transparency. The 2023 experience taught us that discretionary provisions create room for selective application, inconsistency, and dispute. Transparency is not a favour to be granted at someone’s discretion; it is a democratic right that must be legally guaranteed.”
The Senate’s amended clause proves our concerns were justified. This is not reform; it is a strategic retreat designed to quiet public outcry while preserving the status quo. We categorically reject the Senate’s amended Clause 60(3) as inadequate, problematic, and deliberately designed to preserve avenues for electoral manipulation.
The thousands who marched, the organisations that issued ultimatums, the citizens who called their representatives – all demanded genuine reform, not legislative sleight of hand. EiE Nigeria and its network will not accept half measures or hollow victories.
The Conference Committee, which will harmonise the Senate and House versions, now bears the responsibility for Nigeria’s democratic future. They face a defining choice. Will they be remembered as the legislators who safeguarded Nigerian democracy, or as those who, under pressure and for narrow interests, preserved the loopholes that enable electoral fraud?
The legislative process isn’t over until the President signs the bill. Every stage is an opportunity for correction, and we will use every tool available, persuasion, pressure, publicity, and persistence to ensure the final Electoral Act strengthens rather than weakens Nigerian democracy. The credibility of the 2027 elections, and indeed, the future of Nigeria’s democracy, hangs in the balance. This is too important to concede quietly.
God bless the Federal Republic of Nigeria!
Enough is Enough Nigeria (www.eie.ng) is a network of individuals and organizations committed to instituting a culture of good governance and public accountability in Nigeria through active citizenship. EiE’s #RSVP – Register | Select | Vote | Protect is a key voter education campaign. EiE was an integral part of the #OccupyNigeria movement in 2012 and is very active in the #OpenNASS and #OfficeOftheCitizen campaigns.