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“No Mandatory Upload”: Senate Passes 2026 Electoral Act, Rejects Compulsory E-Transmission of Results

ABUJA — The Nigerian Senate has passed the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill 2026, officially cementing the use of the Bimodal Voter Accreditation System (BVAS) for future elections.

However, the passage of the bill on Wednesday was marred by controversy as lawmakers rejected a proposed amendment that would have made the electronic transmission of results (via the IReV portal) mandatory.

The decision has sparked immediate backlash from civil society groups and opposition parties, who argue that leaving result transmission to the “discretion” of the Independent National Electoral Commission (INEC) opens the door for the same “glitches” that marred the 2023 general elections.

The “Clause 60” Battle

The fiercest debate on the floor centered on Clause 60 (3) of the new bill.

  • The Proposal: The amendment sought to compel presiding officers to transmit polling unit results to the IReV portal in real-time immediately after the result forms (EC8A) were signed.
  • The Verdict: Senators voted against this mandate. Instead, they retained the existing provision, which states that results shall be transferred “in a manner as prescribed by the Commission.”

Senate President Godswill Akpabio defended the decision, pushing back against claims that the Senate is anti-technology. “We did not reject electronic transmission,” Akpabio insisted during the plenary. “We simply retained the existing law. We must allow INEC the flexibility to determine the best method based on the situation on the ground.”

BVAS is Now Law

Despite the transmission setback, the bill scored a major victory for technology in accreditation.

  • Clause 47: The Senate officially expunged the term “Smart Card Reader” from the electoral framework, replacing it with the Bimodal Voter Accreditation System (BVAS).
  • Significance: This gives BVAS full legal backing, meaning that any election conducted without it—or where bypass occurs—is automatically null and void.

No “Digital PVCs”

In another significant move, the lawmakers rejected a proposal to introduce electronically generated voter identification (downloadable voter cards). The Senate insisted that the physical Permanent Voter Card (PVC) remains the sole valid means of identification. Proponents of digital IDs had argued it would enfranchise millions who lost their cards, but the Senate cited security risks and the potential for identity theft.

Timelines Slashed

The new Act also drastically adjusts the election calendar:

  • Notice of Election: Reduced from 360 days to 180 days before the poll.
  • Candidate Submission: Political parties must now submit their list of candidates 90 days before the election, down from the previous 180 days.

Stiffer Penalties

For electoral offenders, the news is mixed. The Senate rejected a proposed 10-year jail term for buying and selling PVCs, opting to retain the existing two-year imprisonment. However, they hit the pockets of offenders harder, increasing the fine from N2 million to N5 million.

As the bill moves to the House of Representatives for concurrence, the spotlight remains on “Clause 60.” For now, the “Mandatory Upload” that many Nigerians hoped would be the silver bullet for credible elections in 2027 remains elusive.