Overview of the New Electoral Act 2026
The National Assembly has introduced significant reforms through the newly enacted Electoral Act, 2026. This comprehensive legislation includes provisions such as a two-year jail term for any Resident Electoral Commissioner (REC) who withholds essential electoral documents and the establishment of a dedicated fund to ensure the financial independence of the Independent National Electoral Commission (INEC) ahead of the 2027 general election.
These reforms were the result of extensive legislative engagement and consultations over the past two years. The Leader of the Senate, Opeyemi Bamidele, highlighted these changes in a statement issued in Abuja on Sunday. However, the timing of this announcement came just 24 hours after opposition parties expressed concerns that certain provisions of the 2026 Act favored the ruling All Progressives Congress (APC), particularly regarding primaries, campaign funding, and election timelines.
While the Presidency and the APC have defended the amendments as necessary steps to strengthen democracy and electoral integrity, opposition figures argue that the changes are biased against political competition. Despite these criticisms, the Senate leader emphasized several benefits that many Nigerians may not have considered in the new Electoral Act.
Key Provisions of the Electoral Act 2026
Bamidele outlined several key features of the new law, stating, “The new electoral governance framework mandates INEC to deploy a Bimodal Voters Accreditation System; recommend two-year jail imprisonment for the REC who withholds vital documents; establish an electronic register of voters and review campaign funds upward for different elective offices.”
The Electoral Bill 2026 was harmonized by both chambers of the National Assembly, especially concerning Clause 60(3), before being transmitted to President Bola Tinubu for assent. The President signed the bill into law within 24 hours of its passage, completing what lawmakers described as a painstaking two-year process of recrafting Nigeria’s electoral framework.
Although some civil society organizations questioned the speed of the presidential assent, the Senate leadership maintained that the process had been inclusive and exhaustive. According to Bamidele, the making of the new regime involved nearly all critical stakeholders, including the Office of the Attorney General of the Federation (OAGF), civil society organizations (CSOs), INEC, and development partners.
Financial Autonomy and Operational Stability
Under Section 3 of the new law, a dedicated fund has been established for INEC to ensure financial autonomy, operational stability, and administrative continuity. The provision also mandates that election funds be released at least six months before a general election.
With this measure, INEC would operate with greater independence and quicker corrective powers, including expanded authority to review questionable result declarations made under duress or procedural violations. Bamidele noted that the new framework is “designed to strengthen institutional independence, enhance transparency in election management, improve technological integration, and reinforce accountability mechanisms in the country’s electoral system.”
Technological Integration and Transparency
Section 60(3) now makes the electronic transmission of results to the INEC Result Viewing Portal mandatory, while Section 60(6) prescribes a six-month imprisonment or a fine of N500,000 or both against any presiding officer who willfully frustrates the electronic transmission of election results.
Bamidele clarified that iRev is not a collation platform but was designed to enhance transparency in the electoral process. He explained that the law conditionally permits the use of Form EC8A where electronic transmission fails due to communication challenges, as prescribed by INEC.
Legal Safeguards and Penalties
In a move aimed at curbing administrative bottlenecks and electoral impunity, Section 74(1) mandates a REC to release a certified true copy of any requested document within 24 hours after payment. Failure to comply attracts a minimum imprisonment of two years without the option of a fine.
Similarly, Section 72(2) provides that a certified true copy of a court order shall suffice for swearing in any candidate declared a winner by the court where INEC fails or neglects to issue a certificate of return.
Strengthening Electoral Integrity
Section 125(1-2) stiffens penalties against vote-buying, impersonation, and result manipulation, recommending a two-year imprisonment or a fine ranging between N500,000 and N2m upon conviction.
Unlike the repealed 2022 Electoral Act, the new law phases out indirect primaries, retaining only direct and consensus primaries under Section 84(1-2) to broaden participation and curb the monetisation of party delegates.
Political Party Regulations
Section 77(1-7) further mandates political parties to maintain a digital register of members, issue membership cards, and submit such registers to INEC at least 21 days before primaries, congresses, or conventions. A political party “shall not use any other register for party primaries, congresses, and conventions than the register submitted to the INEC.” Any political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election.
Spending Limits and Additional Provisions
The new regime also reviews the spending limits for elective offices under Section 92(1-8). Bamidele stated, “The presidential spending cap has been raised from N5bn to N10bn; governorship from N1bn to N3bn; Senate from N500m to N1bn; House of Representatives from N70m to N250m; House of Assembly from N30m to N100m; Area Council from N30m to N60m; and councillorship from N5m to N10m.”
Other notable provisions include gender-sensitive queue arrangements in areas where culture requires separation of men and women, support mechanisms for persons with visual impairment, and a N10m fine for political parties that fail to submit accurate audited returns within the stipulated period.
Conclusion
Summing up the impact of the reforms, the Senate leader declared: “The Electoral Act, 2026, represents a consolidation and refinement of the country’s electoral governance framework. In all, the Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria. The Act emphasizes 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.”
