Manual transmission clause ignites row as parties warn of electoral loopholes

Opposition political parties have rejected the 2026 Electoral Act recently passed by the National Assembly and signed into law by President Bola Tinubu, calling for an immediate fresh amendment to expunge what they described as “obnoxious provisions”.

At a press briefing themed “Urgent Call to Save Nigeria’s Democracy”, held at the Transcorp Hilton Hotel in Abuja on Thursday, opposition leaders warned that the amended law contains “anti-democratic” clauses capable of weakening electoral transparency and eroding public confidence ahead of the 2027 general elections.

In a communiqué read by the National Chairman of the New Nigeria Peoples Party (NNPP), Ahmed Ajuji, the coalition demanded urgent legislative action.

“We demand that the National Assembly immediately commence a fresh amendment to the Electoral Act 2026, to remove all obnoxious provisions and ensure that the Act reflects only the will and aspiration of Nigerians for free, fair, transparent and credible electoral process in our country. Nothing short of this will be acceptable to Nigerians,” the statement read.

Among those present were former Senate President David Mark; former vice-president Atiku Abubakar; former Anambra governor Peter Obi; former Rivers governor Rotimi Amaechi; and former Osun governor Rauf Aregbesola, all associated with the African Democratic Congress (ADC). NNPP chieftain Buba Galadima was also in attendance.

At the centre of the controversy is the amendment to Section 60(3), which permits presiding officers to resort to manual transmission of election results where there is communication failure.

The opposition argued that the provision undermines mandatory electronic transmission and creates potential loopholes for manipulation. They insisted that Nigeria’s electoral infrastructure is robust enough to support nationwide electronic transmission, citing previous assurances by officials of the Independent National Electoral Commission (INEC).

The coalition also rejected changes to Section 84, which restrict political parties to direct primaries and consensus methods for selecting candidates. According to the parties, the amendment amounts to unconstitutional interference in internal party affairs, maintaining that indirect primaries remain a legitimate democratic option.

The opposition cited alleged irregularities in the recent Federal Capital Territory local government elections as evidence of what they described as a broader pattern of electoral compromise. They labelled the polls a “complete fraud” and said the outcome had deepened their lack of confidence in the electoral system’s ability to deliver credible elections in 2027.

They further condemned reported attacks on leaders of the African Democratic Congress in Edo state, warning that violence against opposition figures threatens democratic participation and political tolerance.

“We will not be intimidated,” the leaders said, pledging to pursue “every constitutional means” to challenge the Electoral Act 2026 and safeguard voters’ rights. They called on civil society groups and citizens to join efforts to protect Nigeria’s democracy.

President Tinubu signed the Electoral Act (Amendment) 2026 into law on 18 February 2026 after its passage by the National Assembly. The legislation provides statutory backing for the Bimodal Voter Accreditation System and revises election timelines.

However, debate over Clause 60 — which allows manual transmission where electronic systems fail — proved contentious in both chambers.

In the Senate, a motion led by Senator Enyinnaya Abaribe to remove the manual transmission proviso was defeated after a division: 55 senators voted to retain the clause, while 15 opposed it. The session followed heated exchanges and a brief confrontation on the floor.

A similar dispute arose in the House of Representatives, where Speaker Tajudeen Abbas ruled in favour of rescinding an earlier decision mandating compulsory real-time electronic transmission to the IReV portal, despite louder “nays” during a voice vote.

Tinubu has defended the fallback provision, questioning Nigeria’s readiness for full real-time electronic transmission and warning against technical glitches and hacking. He said the new law would strengthen democracy and prevent voter disenfranchisement.

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