The National Assembly has defended the recently enacted Electoral Act 2026, signed into law by President Bola Tinubu, amid widespread criticism from individuals, civil society groups, and opposition figures. The parliament emphasized that the legislation resulted from two years of extensive consultations involving key stakeholders, including the Independent National Electoral Commission (INEC), the Office of the Attorney-General of the Federation, civil society organisations (CSOs), and development partners.
Senate Leader Senator Opeyemi Bamidele (APC, Ekiti Central) provided the clarification in a statement released on Sunday through his Directorate of Media and Public Affairs. He described the Act as a collaborative national effort rather than a unilateral decision by the legislature, aimed at bolstering electoral credibility ahead of the 2027 general elections.
"The making of the new regime is a collective work that involves nearly all critical stakeholders," Bamidele stated. "Its outcome is not a unilateral effort of the parliament, but of Nigerians at large."
Key Reforms in the Electoral Act 2026
The law introduces several mandatory provisions to enhance transparency, technological integration, and institutional independence:
- Mandatory use of technology: Presiding officers must employ the Bimodal Voter Accreditation System (BVAS) or any other INEC-prescribed device for voter accreditation (Section 47).
- Electronic transmission of results: Polling unit results must be transmitted electronically to the INEC Result Viewing Portal (IReV) (Section 60(3)). Willful frustration of this process attracts penalties of up to six months' imprisonment, a fine of ₦500,000, or both (Section 60(6)). Bamidele clarified that IReV serves transparency purposes and is not a collation platform; manual transmission via Form EC8A is permitted only if electronic upload fails due to communication issues.
- INEC financial autonomy: A dedicated fund ensures operational stability, with election funds required to be released at least six months before general elections (Section 3). The Act also empowers INEC to review questionable result declarations made under duress or procedural violations.
- Penalties for officials: Resident Electoral Commissioners (RECs) withholding vital documents face a recommended two-year imprisonment. RECs must provide certified true copies of documents within 24 hours of payment, with non-compliance punishable by at least two years' imprisonment without an option of fine (Section 74(1)).
- Political party reforms: Indirect primaries are phased out, leaving only direct and consensus options (Section 84). Parties must maintain digital membership registers, issue cards, and submit registers to INEC at least 21 days before primaries (Section 77).
- Increased campaign spending limits (Section 92):
- Presidential: ₦5 billion to ₦10 billion
- Governorship: ₦1 billion to ₦3 billion
- Senate: ₦100 million to ₦500 million
- House of Representatives: ₦70 million to ₦250 million
- State House of Assembly: ₦30 million to ₦100 million
- Area Council: ₦30 million to ₦60 million
- Councillorship: ₦5 million to ₦10 million
- Stronger measures against offences: Enhanced penalties for vote buying, impersonation, and result manipulation include up to two years' imprisonment and fines ranging from ₦500,000 to ₦2 million, or both (Section 125).
Bamidele highlighted additional provisions, such as allowing certified court orders to suffice for swearing in candidates where INEC fails to issue certificates of return (Section 72(2)).
The Senate Leader stressed that the National Assembly harmonized differing versions from both chambers, particularly around the contentious Clause 60(3), before transmitting the bill to President Tinubu to prevent constitutional crises in preparations for 2027 polls.
He concluded that the Electoral Act 2026 consolidates and refines Nigeria's electoral framework, with the potential to "strengthen institutional independence, enhance transparency in election management, improve technological integration, and reinforce accountability mechanisms."
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