- The National Assembly has prescribed a two-year jail term for Resident Electoral Commissioners who withhold vital electoral documents in the Electoral Act 2026
- The law now mandates electronic transmission of results to the INEC Result Viewing Portal (IREV), strengthening transparency in election collation and declaration
- The Electoral Bill was signed into law by Bola Tinubu, completing a two-year legislative process aimed at overhauling Nigeria’s electoral framework
The National Assembly has introduced sweeping reforms in the newly enacted Electoral Act, 2026, including a two-year jail term for any Resident Electoral Commissioner (REC) who withholds critical electoral documents and the establishment of a dedicated fund to safeguard the financial autonomy of the Independent National Electoral Commission ahead of the 2027 general elections.
The reforms, which followed two years of legislative consultations and stakeholder engagement, were outlined on Sunday, February 22, by Senate Leader Opeyemi Bamidele in a statement issued in Abuja.
Bamidele’s defence of the amendments comes just a day after opposition parties criticised aspects of the 2026 Act, particularly provisions relating to party primaries, campaign financing, and election timelines, which they claim favour the ruling All Progressives Congress.
While the Presidency and the APC have described the amendments as essential steps to strengthen democracy and enhance electoral integrity, opposition figures argue that the changes could undermine political competition.
However, the Senate leader insisted that the new law contains significant benefits that many Nigerians may be overlooking.
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 resolving disputes over Clause 60(3), before being transmitted to President Bola Tinubu for assent in order to prevent any constitutional complications ahead of the next general election.
The President signed the bill into law within 24 hours of its passage, concluding what lawmakers described as a painstaking two-year process of overhauling Nigeria’s electoral framework.
Despite concerns raised by some civil society organisations over the speed of assent, the Senate leadership maintained that the legislative process was broad-based and inclusive.
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 Act, a dedicated fund has been created for INEC to ensure financial independence, operational efficiency, and administrative continuity.
The provision also requires that election funds be released at least six months before any general election.
Bamidele noted that this measure would allow INEC to function with greater autonomy and enhanced powers to review controversial result declarations made under duress or in violation of procedures.
He explained 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 compulsory, while Section 60(6) stipulates “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 further stated that the law permits conditional reliance on Form EC8A in cases where electronic transmission fails due to communication challenges, as guided by INEC regulations.
To address administrative inefficiencies and electoral misconduct, Section 74(1) mandates that a REC must release a certified true copy of any requested document within 24 hours after payment. Non-compliance attracts a minimum two-year prison term without the option of a fine.
Additionally, Section 72(2) provides that a certified true copy of a court order is sufficient for the swearing-in of any candidate declared a winner by the court if INEC fails or refuses to issue a certificate of return.
Under Section 125(1-2), the law strengthens penalties for vote-buying, impersonation, and result manipulation, recommending a two-year prison term or a fine ranging between N500,000 and N2m, or both, upon conviction.
Unlike the repealed 2022 Electoral Act, the new legislation abolishes indirect primaries, retaining only direct and consensus primaries under Section 84(1-2), a move aimed at expanding participation and reducing the monetisation of party delegates.
Section 77(1-7) further requires political parties to maintain a digital membership register, issue membership cards, and submit the register 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 Act also revises 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 provisions include gender-sensitive queue arrangements in communities where cultural practices require separation of men and women, support systems for persons with visual impairment, and a N10m fine for political parties that fail to submit accurate audited returns within the required timeframe.
Summing up 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.”