Akpabio Defends Electoral Act Amendment, Says Legislative Process Ongoing

Senate President, Godswill Akpabio, has dismissed criticisms surrounding the Senate’s amendment of the Electoral Act, saying many commentators and civil society actors are judging the legislature based on an incomplete process and a poor understanding of parliamentary procedures.
Akpabio spoke in Abuja while serving as the special guest of honour at the public presentation of a book titled “The Burden of Legislators in Nigeria”, authored by Senator Effiong Bob.

Addressing the controversy over the removal of the phrase “real-time” electronic transmission of election results, the Senate President said the Senate had not concluded work on the amendment bill, describing the public debate as premature.
According to him, the legislative process remains ongoing until the Votes and Proceedings are considered, noting that this stage allows senators to correct, amend, or clarify decisions taken on the floor before final approval.
He explained that it is only after the Votes and Proceedings stage that the Senate’s position can be regarded as final, adding that any senator can still raise issues or seek clarification on agreed clauses at that point.
Akpabio criticised some commentators and civil society groups for what he described as an “abuse” of the legislature, accusing them of attempting to impose their views on lawmakers without participating in the lawmaking process.
He stressed that retreats and consultations do not equate to lawmaking, noting that agreements reached during such meetings are not binding until adopted on the Senate floor.
Clarifying the Senate’s position on electronic transmission of election results, Akpabio said lawmakers did not remove electronic transmission but only questioned the compulsory use of real-time transmission.
He stated that the concern was that mandating real-time transmission could create legal complications if network failures occurred during elections, particularly in areas affected by poor connectivity or insecurity.
According to him, insisting on real-time transmission could invalidate election results in several states where network services are unreliable, or in the event of a national grid failure.
Akpabio said the Independent National Electoral Commission (INEC) should be empowered to determine the mode and timing of result transmission within the framework of the law, taking into account existing infrastructure and security realities.
He cited a Supreme Court ruling which, he said, recognised Nigeria’s infrastructural limitations and affirmed that electronic transmission of results is supplementary to the statutory manual collation process.
The Senate President further explained that the amendment bill had not completed the bicameral legislative process, noting that a conference committee would reconcile differences between the Senate and House of Representatives versions before final passage.
He urged critics to allow the legislative process to run its full course, warning that attempts to undermine it before completion could weaken democratic institutions.
Akpabio emphasised that electoral reforms must be grounded in legal and institutional capacity, cautioning against imposing technological requirements beyond the country’s infrastructure.
He also warned that misunderstanding legislative processes and mistrust of institutions could pose a threat to democracy, stressing that democracy must be guided by principles rather than emotions.
Reflecting on the 2023 general elections, Akpabio noted that the existing Electoral Act produced competitive outcomes, including losses by the then ruling party in key states, demonstrating that the law was not skewed in favour of any political party.
He concluded that laws should be made for posterity rather than partisan advantage, stressing that legislation must serve future generations.
Earlier, the National Chairman of the African Democratic Congress (ADC) and former Senate President, Senator David Mark, who chaired the occasion, urged the National Assembly to pass the Electoral Act amendment bill and allow INEC to determine its operational capacity.
Mark said the ADC’s position was that the law should be passed, leaving INEC to decide whether real-time electronic transmission of results is feasible.
Other speakers at the event, including Akwa Ibom State Governor, Pastor Umo Eno, and the book reviewer, Professor Maxwell Gidado, SAN, commended Senator Bob for authoring the book, describing it as a bold effort to highlight the challenges faced by Nigerian legislators.
In his remarks, the author, Senator Effiong Bob, outlined several challenges confronting legislators, including electoral disputes, conflicts with governors and political godfathers, judicial reversals of election victories, addressing constituents’ private concerns, and self-inflicted challenges.
He stressed that the defence of democracy largely rests on the courage and commitment of legislators.