Overview of the New Electoral Act, 2026
The National Assembly has introduced significant reforms through the Electoral Act, 2026, which is set to revolutionize Nigeria’s electoral landscape ahead of the 2027 general elections. This comprehensive overhaul aims to enhance transparency, strengthen electoral integrity, and deepen democratic governance in the country. The law includes several key provisions that address various aspects of the electoral process.
Key Provisions of the Electoral Act
One of the most notable features of the new law is the establishment of a dedicated fund for the Independent National Electoral Commission (INEC). This provision ensures financial autonomy, operational stability, and administrative continuity for the commission. According to Senator Opeyemi Bamidele, the Leader of the Senate, this fund will be released at least six months before a general election, allowing INEC to operate more independently and with greater corrective powers.
Another critical aspect of the Act is the mandatory use of the Bimodal Voter Accreditation System (BVAS) for voter accreditation. Section 47 of the Act mandates presiding officers to use BVAS or any technological device prescribed by INEC for voter accreditation, verification, and authentication. This measure aims to reduce fraud and ensure accurate voter identification.
Additionally, the Act requires the electronic transmission of election results to the INEC Result Viewing Portal (IReV). Section 60(3) makes this transmission mandatory, while Section 60(6) prescribes a six-month jail term or a fine of ₦500,000, or both, for any presiding officer who deliberately frustrates the electronic transmission of results. This provision is designed to enhance transparency and prevent manipulation of election outcomes.
Strengthening Institutional Independence and Accountability
The Act also introduces measures to strengthen institutional independence and accountability. For instance, Section 72(2) allows a certified true copy of a court order to suffice for swearing-in a candidate where INEC fails or refuses to issue a certificate of return. Furthermore, Section 74(1) mandates Resident Electoral Commissioners (RECs) to release certified true copies of documents within 24 hours after payment, with failure attracting a minimum of two years imprisonment without the option of a fine.
The Act repeals the 2022 Electoral Act and introduces only direct and consensus primaries, effectively abolishing indirect primaries. This change is intended to broaden participation and reduce the monetisation of party delegates. Political parties are now required to maintain a digital membership register, issue membership cards, and submit the register to INEC at least 21 days before primaries, congresses or conventions. Failure to comply may result in disqualification from fielding a candidate for that election.
Revising Campaign Spending Limits
The Act revises campaign spending limits upward, increasing the cap for presidential candidates from ₦5 billion to ₦10 billion; governorship from ₦1 billion to ₦3 billion; Senate from ₦100 million to ₦500 million; House of Representatives from ₦70 million to ₦250 million; House of Assembly from ₦30 million to ₦100 million; Area Council from ₦30 million to ₦60 million; and councillorship from ₦5 million to ₦10 million. These changes aim to provide a more realistic framework for campaign financing.
Enhancing Electoral Security and Inclusivity
The Act also stiffens penalties for vote buying, impersonation, and result manipulation, prescribing a two-year jail term or fines ranging from ₦500,000 to ₦2 million, or both. Additionally, Section 49 mandates gender-separated queues in areas where cultural norms require it, while Section 54 provides support mechanisms for persons with visual impairment. These provisions aim to make the electoral process more inclusive and secure.
Section 93(4) imposes a fine of ₦10 million on any political party that fails to submit accurate audited financial returns within the stipulated period. This measure is designed to ensure financial accountability and transparency among political parties.
Conclusion
Senator Opeyemi Bamidele described the Electoral Act, 2026, as a consolidation and refinement of Nigeria’s electoral governance framework. He emphasized that the Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria. By focusing on financial and operational independence of INEC, technological integration with procedural safeguards, transparency in collation and declaration, stricter penalties for electoral offences, and stronger regulation of political parties, the Act aims to significantly improve the conduct of elections and restore public confidence in Nigeria’s democratic process.
