Senator Jimoh Ibrahim, who represents Ondo South Senatorial District, has clarified that the recent amendment to the Electoral Act by the Nigerian Senate was firmly grounded in an existing Supreme Court judgment, stressing that the legislature merely gave statutory force to the apex court’s decision.
According to a statement made available to Online on Sunday, Ibrahim, speaking at the University of Fortune, Igbotako, Ondo State, during a visit by Political Science scholars who congratulated him on his appointment as Ambassador-Designate, described the controversy trailing the amendment as unnecessary and misplaced.
He explained that the Supreme Court, in Atiku v. INEC (No. 2), delivered on December 29, 2023, conclusively settled key issues bordering on the discretionary powers of the Independent National Electoral Commission, the validity of election results, locus standi, and the legal status of the INEC Result Viewing Portal.
According to him, the apex court clearly outlined what should guide future electoral legislation and provided a roadmap for the National Assembly to act at the appropriate time.
“The Supreme Court clearly indicated what should be captured in future legislation. The Senate only implemented that historic judgment. We did nothing wrong; there is no fire anywhere,” Ibrahim said.
The senator noted that the court clarified that the Electoral Act 2022 did not expressly mandate real-time electronic transmission of election results, thereby limiting INEC’s discretion on the matter.
He said the Senate simply codified this judicial clarification to remove ambiguity from the law.
On the contentious IReV Portal, Ibrahim said the Supreme Court held that the platform is not legally recognised under the Electoral Act, describing it as an administrative tool deployed by INEC to support its operations.
He added that the court was unequivocal in rejecting any manipulation of election results through technological means.
“The court made it clear that where election results are compromised through technology, such conduct will not be accepted. The Senate respects this position and has ensured it is reflected in the law,” he stated.
Ibrahim further emphasised that under the amended Electoral Act, failure or inability to upload results to the IReV Portal in real time does not invalidate an election or nullify the manual collation process — a position affirmed by the Supreme Court and now reinforced by statute.
He assured Nigerians that the Senate, under the leadership of Senate President Godswill Akpabio, remains committed to transparency and democratic accountability, stressing that the legislature continues to act as a critical check on the executive and judiciary in line with the principle of separation of powers.
The lawmaker urged politicians to seek electoral victory through the support of voters rather than through legislative or judicial manoeuvres.
“If we do not respect the opinion of the Supreme Court,” he asked, “who else do we respect?”
The clarification follows the Senate’s passage of the Electoral Act 2022 (Repeal and Re-enactment) Amendment Bill, 2026, which scaled third reading on February 4, 2026.
During consideration of the bill, the Senate voted down Clause 60(3), which sought to make it mandatory for presiding officers to electronically transmit election results from polling units directly to the Independent National Electoral Commission’s Result Viewing (IReV) portal in real time.
Instead, the upper chamber retained a discretionary provision allowing the electronic transfer of results only after votes have been counted and publicly announced at polling units.
The Senate’s decision has drawn criticism from civil society organisations and opposition figures, who describe it as a setback to Nigeria’s democratic progress.
However, Senate President Godswill Akpabio has defended the action, insisting at a public event that the Senate did not reject electronic transmission of results and declaring that the legislature would not be intimidated.
Meanwhile, the Senate has scheduled an emergency plenary sitting on Tuesday, February 10, 2026.