Nigeria: Electoral Bill Controversy - Labour Threatens Mass Action As Senate Holds Emergency Sitting Tuesday

9 February 2026

The Nigeria Labour Congress (NLC) yesterday joined the call on the Senate to legalise the real-time transmission of election results, warning that the National Assembly's refusal to make the provision law would lead to workers' mass action.

The NLC specifically called on the Senate to provide an immediate and unambiguous account of its proceedings on the amendment of the 2022 Electoral Act, stressing that Nigerians deserve a transparent electoral process where votes not only count but are seen to count.

Warning that uncertainty over the electronic transmission of results could undermine public trust in the electoral process, the union said the amended Act must provide an unambiguous mandate for INEC to electronically transmit and collate results from polling units in real time if legislative credibility is to be restored.

Labour's warning came just as the Senate announced that it would hold an emergency plenary sitting tomorrow.

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The sitting is not unconnected with the controversial voting on the Electoral Bill and the mode of election result transmission, which has caused uproar across the country.

The announcement was made on Sunday in a statement signed by the Clerk of the Senate, Emmanuel Odo, who said all senators had been requested to attend.

"The President of the Senate, Godswill Akpabio, has directed the reconvening of plenary for an emergency sitting on Tuesday, 10 February 2026," the statement read.

The session is scheduled to commence at noon.

This comes just days after the Senate passed the amendment bill on 4 February, but voted down Clause 60(3), which would have required presiding officers to electronically transmit results from polling units directly to the Independent National Electoral Commission's Result Viewing (IReV) portal in real time.

The Senate on Wednesday turned down a proposed amendment to Clause 60, subsection (3), of the Electoral Amendment Bill 2026, which sought to make the electronic transmission of results from polling units compulsory.

According to the report of the Senate Committee on Electoral Matters, Clause 60(3) provides that: "The Presiding Officer shall electronically transmit the results from each polling unit to the 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 available at the polling unit."

However, the Senate adopted the existing provision of the Electoral Act 2022, which states that "the presiding officer shall transfer the results, including the total number of accredited voters and the results of the ballot, in a manner as prescribed by the Commission."

Besides the e-transmission issue, the Senate also blocked the download of electronic voters' cards from the INEC website, reduced the notice period for elections from 360 to 180 days, and cut the timeline for publishing the list of candidates from 150 to 90 days.

The Senate's position on the transmission of election results contrasts with that of the House of Representatives. However, both chambers have set up conference committees to harmonise their differences, after which a clean copy will be transmitted to the President for assent.

The Senate's conference committee, chaired by Senator Simon Lalong, also includes Senators Adamu Aliero, Orji Uzor Kalu, Abba Moro, Asuquo Ekpeyong, Aminu Iya Abbas and Tokunbo Abiru. Senator Adeniyi Adegbomire was added to the team to provide legal guidance.

In the House, the conference panel is chaired by the Chairman, House Committee on Electoral Matters, Hon. Adebayo Balogun, with Hons. Fred Agbedi, Sada Soli, Ahmadu Jaha, Iduma Igariwey Enwo, Saidu Musa Abdullahi and Zainab Gimba as members.

Civil society groups and opposition figures have condemned the Senate's decision, labelling it a setback for Nigeria's democratic progress.

Senate President Godswill Akpabio has, however, defended the chamber's actions, insisting during a public event that the Senate did not reject electronic transmission and vowing not to be intimidated.

However, Tuesday's emergency sitting could see the Senate reconsider the rejected amendment amid public outcry and potential legal challenges from figures such as lawyer Femi Falana, with possible implications for Nigeria's democratic processes and the balance between incumbency protections and verifiable voting technology.

Labour warns of mass action

The NLC, in a statement signed by its President, Comrade Joe Ajaero, said the conflicting explanations from the Senate on whether real-time electronic transmission of results was adopted or rejected had deepened public confusion and raised concerns about the integrity of Nigeria's elections.

The NLC said transparency in electoral laws was critical, particularly following the 2023 general elections and ahead of preparations for the 2027 polls.

The Congress noted that public records indicate the Senate retained the existing provision granting the Independent National Electoral Commission (INEC) discretion on electronic transmission, rather than mandating real-time transmission from polling units.

According to the NLC, subsequent efforts to explain the decision have only compounded nationwide apprehension.

The labour body urged the Senate leadership to issue a definitive statement clarifying the exact provisions passed and the rationale behind them.

It also called on the National Assembly to ensure that the harmonisation process results in a final bill with clear and enforceable provisions on the transmission and collation of results.

The NLC warned that any ambiguity in the law risks institutionalising doubt in Nigeria's electoral framework and repeating past controversies that have damaged public confidence.

It stressed that legislative clarity was essential to restoring credibility and safeguarding democracy.

The statement reads in part: "The Nigeria Labour Congress expresses deep concern over the confusion and contradictory narratives emerging from the Senate regarding the amendment to the 2022 Electoral Act, particularly on electronic transmission of results.

"The Nigerian people deserve a transparent electoral process where their votes are not only counted but are seen to be counted, and the Senate must provide an immediate, official and unambiguous account of its proceedings.

"The amended Act must provide an unambiguous mandate for INEC to electronically transmit and collate results from polling units in real time if legislative credibility is to be restored.

"Failure to add electronic transmission in real time will lead to mass action before, during and after the election, or a total boycott, because our nation must choose the path of clarity and integrity," Ajaero warned.

'Akpabio told me transmission was approved,' Abaribe insists

Former Senate Minority Leader, Senator Enyinnaya Abaribe, has raised concerns over what he described as confusion and a lack of clarity in the Senate's handling of provisions on the electronic transmission of election results.

Speaking on X during a discussion titled "2027 Elections: Why Electronic Results Transmission and Collation Matter", Abaribe said proceedings in the Senate were characterised by "a lot of movement and noise", leaving many lawmakers uncertain about what was eventually approved.

He disclosed that Senator Victor Umeh first drew his attention to the issue, questioning whether the Senate had passed provisions on the transmission or transfer of election results.

"What we had before us was what we were supposed to have considered, but what was said to have been passed was transfer," Abaribe said.

According to him, he approached the Senate President for clarification and was assured that the approved action was the transmission of results and that there was no cause for concern.

"I believed him and returned to my seat," he added.

However, Abaribe noted that doubts continued to trail the decision after the session, leading to renewed discussions among senators about what actually transpired.

He explained that Senate rules make it difficult to revisit such issues once the gavel has been struck, except through a formal written motion known as a motion of rescission.

"That effectively ties your hands; you can't move anymore," he stated.

The former minority leader stressed that the matter goes beyond procedural issues, insisting that the electronic transmission of election results must be clearly provided for in law.

He recalled that the Supreme Court had ruled that INEC guidelines, being internal administrative instruments, do not have the force of law.

"That is why there has been a strong push to clearly entrench it in the Electoral Act," Abaribe said.

He revealed that lawmakers intend to scrutinise the Votes and Proceedings of the Senate to ascertain what was officially recorded as passed.

"On the next legislative day, the Votes and Proceedings are presented for adoption. The real issue is whether they truly reflect what we did," he explained.

Abaribe warned that if the records show the Senate approved provisions in line with the 2022 Electoral Act on the transfer rather than the transmission of results, the opposition would escalate its resistance.

"If we fail to stop this and ensure that the transmission of results is backed by law, the same thing that happened in 2023 will repeat itself--results will be written, announced, and people will be told to go to court," he warned.

He added that once such cases reach the courts, judges often rule that electronic transmission of results is not supported by law, leaving aggrieved parties without an effective remedy.

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