National Assembly Defends Electoral Act 2026, Lists Key Reforms

The National Assembly of Nigeria has defended the Electoral Act 2026 following criticism from individuals and groups, stating that extensive consultations lasting two years preceded its enactment.

According to the parliament, stakeholders engaged during the process included the Office of the Attorney General of the Federation, the Independent National Electoral Commission (INEC), civil society organisations and development partners.

Leader of the Senate, Opeyemi Bamidele, who provided the explanation on Sunday, said the new law makes electronic transmission of election results, the use of the Bimodal Voter Accreditation System (BVAS), and the creation of digital party membership registers mandatory for the conduct of primaries.

Bamidele noted that the Act also establishes a dedicated fund for INEC to guarantee financial autonomy, operational stability and administrative continuity.

He added that the framework mandates the commission to recommend a two-year prison term for any Resident Electoral Commissioner who withholds vital documents, create an electronic voters’ register and review campaign finance limits for elective offices.

In a statement issued by his Directorate of Media and Public Affairs, the Senate Leader said the National Assembly harmonised versions of the Electoral Bill passed by both chambers, particularly Clause 60(3), before transmitting it to Bola Ahmed Tinubu for assent to avert possible constitutional challenges ahead of the 2027 general elections.

Bamidele stressed that the legislation was a collective effort involving critical stakeholders and not a unilateral action by the legislature.

He explained that the Act strengthens institutional independence, enhances transparency in election management, improves technological integration and reinforces accountability mechanisms in the country’s electoral system.

According to him, Section 3 of the law requires election funds to be released at least six months before general elections and expands INEC’s powers to review questionable result declarations made under duress or procedural breaches.

The Senate Leader also cited Section 47, which mandates presiding officers to use BVAS or any technology prescribed by INEC for voter accreditation.

Section 60(3) provides for the electronic transmission of results to the INEC Result Viewing Portal (IReV), while Section 60(6) prescribes six-month imprisonment, a fine of ₦500,000, or both, for any presiding officer who deliberately frustrates electronic transmission.

He clarified, however, that the law allows the use of Form EC8A where electronic transmission fails due to communication challenges, as determined by INEC.

Bamidele further highlighted Section 72(2), which permits the use of a certified true copy of a court order for swearing-in where INEC fails to issue a certificate of return, and Section 74(1), which mandates Resident Electoral Commissioners to release certified documents within 24 hours after payment, with non-compliance attracting a minimum two-year jail term.

Unlike the repealed 2022 Electoral Act, the new law provides for only direct and consensus primaries, effectively phasing out indirect primaries to broaden participation and reduce monetary influence in party delegate systems.

The Act also requires political parties to maintain digital membership registers, issue membership cards and submit the registers to INEC at least 21 days before primaries, congresses or conventions.

Campaign spending limits were also increased, including ₦10 billion for presidential elections, ₦3 billion for governorship polls, ₦500 million for Senate races, ₦250 million for House of Representatives contests, ₦100 million for House of Assembly elections, ₦60 million for Area Council polls and ₦10 million for councillorship elections.

Under Section 125, the law strengthens penalties against vote buying, impersonation and result manipulation, prescribing imprisonment of up to two years, fines ranging from ₦500,000 to ₦2 million, or both upon conviction.

Bamidele maintained that the Electoral Act 2026 consolidates and refines Nigeria’s electoral governance framework, with the objective of enhancing credibility, reducing disputes and strengthening democratic governance.