The National Assembly has defended the newly enacted Electoral Act, 2026, stating that it underwent two years of consultations with key stakeholders before being signed into law by President Bola Tinubu.
Leader of the Senate, Senator Opeyemi Bamidele (APC, Ekiti Central), said the legislature engaged the Office of the Attorney General of the Federation, the Independent National Electoral Commission (INEC), civil society organisations, and development partners throughout the drafting process.
Bamidele, in a statement issued by his Directorate of Media and Public Affairs on Sunday, dismissed claims that the legislation was rushed. He maintained that the harmonisation of differing versions passed by both chambers — particularly Clause 60(3) — was necessary to prevent constitutional uncertainty ahead of the 2027 general elections.
Mandatory E-Transmission, BVAS Now Law
Under the new law, electronic transmission of election results to INEC’s Result Viewing Portal (IReV) is now mandatory. Section 60(3) compels presiding officers to electronically upload polling unit results, while Section 60(6) prescribes a six-month jail term, a ₦500,000 fine, or both for any official who deliberately frustrates the process.
The legislation also reinforces the use of the Bimodal Voter Accreditation System (BVAS). Section 47 mandates presiding officers to deploy BVAS or any other technological device approved by INEC to verify and authenticate voters.
However, Bamidele clarified that the Act permits conditional resort to Form EC8A for result transmission where electronic upload fails due to communication challenges, stressing that IReV is a transparency tool rather than a collation platform.
Financial Autonomy for INEC
Section 3 establishes a dedicated fund for INEC, requiring that election funds be released at least six months before general elections. The provision aims to guarantee the commission’s financial independence, operational stability, and administrative continuity.
The Act further empowers INEC to review questionable result declarations made under duress or procedural violations.
Stiffer Penalties for Electoral Offences
The new law prescribes tougher sanctions for electoral malpractice. Section 125 provides for two-year imprisonment or fines ranging from ₦500,000 to ₦2 million, or both, for offences such as vote buying, impersonation, and result manipulation.
Resident Electoral Commissioners (RECs) who withhold certified documents now face a minimum of two years’ imprisonment without the option of a fine under Section 74(1). Additionally, Section 72(2) provides that a certified true copy of a court order is sufficient to swear in a candidate declared winner by a court where INEC fails or refuses to issue a certificate of return.
Direct and Consensus Primaries Retained
In a significant shift, the Act phases out indirect primaries. Section 84(1–2) limits political parties to direct and consensus primaries, a move lawmakers say will reduce the influence of money and broaden participation among party members.
Political parties are now required under Section 77 to maintain a digital membership register, issue membership cards, and submit the register to INEC at least 21 days before conducting primaries, congresses, or conventions.
Campaign Spending Limits Increased
The legislation also revises campaign spending ceilings upward:
- Presidential election: ₦10 billion (from ₦5 billion)
- Governorship: ₦3 billion (from ₦1 billion)
- Senate: ₦500 million (from ₦100 million)
- House of Representatives: ₦250 million (from ₦70 million)
- State House of Assembly: ₦100 million (from ₦30 million)
- Area Council: ₦60 million (from ₦30 million)
- Councillorship: ₦10 million (from ₦5 million)
‘Collective Effort,’ Says Senate Leader
Bamidele insisted that the Act reflects collective input rather than unilateral legislative action.
“The making of the new regime is a collective work that involves nearly all critical stakeholders,” he said, adding that the reforms are designed to strengthen institutional independence, enhance transparency, improve technological integration, and reinforce accountability in Nigeria’s electoral system.
According to the Senate Leader, the Electoral Act, 2026, consolidates and refines Nigeria’s electoral governance framework, with the overarching goal of boosting credibility, reducing disputes, and deepening democratic governance ahead of the 2027 polls.
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