The National Assembly has unveiled far-reaching reforms in the newly enacted Electoral Act, 2026, including a two-year jail term for any Resident Electoral Commissioner who withholds vital electoral documents and the creation of a dedicated fund to guarantee the financial autonomy of the Independent National Electoral Commission ahead of the 2027 general election.
The reforms, which followed two years of legislative engagement and consultations, were highlighted on Sunday by the Leader of the Senate, Opeyemi Bamidele, in a statement issued in Abuja.
Bamidele’s attempt to highlight the benefits of the electoral reform comes barely 24 hours after opposition parties fumed that provisions in the 2026 Act on primaries, campaign funding, and election timelines tilted the playing field in favour of the ruling All Progressives Congress.
While the Presidency and the APC have defended the amendments as necessary reforms to deepen democracy and strengthen electoral integrity, opposition figures insisted the changes were skewed to weaken political competition.
The Senate leader, however, argued that there were several merits that many Nigerians were not considering in the new Electoral Act.
He said, “The new electoral governance framework equally mandates the INEC to deploy a Bimodal Voters Accreditation System; recommend two-year jail imprisonment for the Resident Electoral Commissioner (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 harmonised by both chambers of the National Assembly — particularly over contentious Clause 60(3) — before it was transmitted to President Bola Tinubu for assent to avert any constitutional crisis in the build-up to the next general election.
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 organisations 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 “is a collective work that involves nearly all critical stakeholders. The National Assembly worked with such different stakeholders as OAGF, CSOs, INEC and our development partners, among others, before we eventually completed the process.
“As we were making progress, the stakeholders too were making their input, and all the inputs were incorporated in the Act.
“In view of the time constraint we are facing now, I do not believe the Executive requires days or weeks to review it before assent since we all contributed to it. Its outcome is not a unilateral effort of the parliament, but of Nigerians at large,” he stated.
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, Bamidele said INEC would operate with greater independence and quicker corrective powers, including expanded authority to review questionable result declarations made under duress or procedural violations.
He 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.”
Section 60(3) now makes 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 said, “This provision is consistent with the public demands. It also stipulates another measure of consequence if any presiding officer refuses to electronically transmit the results from each polling unit to IREV.
“We must equally understand that iRev is not a collation platform. It was designed to enhance transparency in our electoral process. An electronic collating system is a project that requires its own planning,” Bamidele clarified.
He explained further that the law conditionally permitted a resort to Form EC8A where electronic transmission failed due to communication challenges, as prescribed by INEC.
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.
Under Section 125(1-2), the Act stiffens penalties against vote-buying, impersonation and result manipulation, recommending a two-year imprisonment or a fine ranging between N500,000 and N2m both 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.
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.
“Besides, 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.
“These are indeed consequential restraint measures that will deepen internal democracy and reduce the monetisation of politics in the country,” Bamidele said.
The new regime also reviews the spending limits for elective offices under Section 92(1-8).
Bamidele said, “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.
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 emphasises 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.”
(Punch)
