The National Assembly has introduced sweeping changes to Nigeria’s electoral framework with the passage of the Electoral Act, 2026, including a mandatory two-year prison term for any Resident Electoral Commissioner who withholds critical election documents and the establishment of a special fund to guarantee the financial independence of the Independent National Electoral Commission (INEC) ahead of the 2027 general elections.
The reforms, which followed two years of consultations and legislative deliberations, were outlined on Sunday in Abuja by Senate Leader Opeyemi Bamidele.
His remarks came amid criticism from opposition parties, who argued that provisions relating to party primaries, campaign financing and election timelines favour the ruling All Progressives Congress. While the Presidency and the APC described the amendments as necessary to strengthen democracy and electoral integrity, opposition figures maintained that the changes could undermine fair competition.
Bamidele, however, insisted the Act contains significant benefits that deserve attention. He said the new framework mandates INEC to deploy the Bimodal Voter Accreditation System, establishes an electronic voters’ register, increases campaign spending limits for elective offices and prescribes a two-year jail term for any REC who refuses to release vital electoral documents.
The bill was harmonised by both chambers of the National Assembly, particularly over the contentious Clause 60(3), before being transmitted to President Bola Tinubu for assent. The President signed it into law within 24 hours of its passage, concluding what lawmakers described as an extensive and inclusive reform process.
Although some civil society organisations questioned the speed of the presidential approval, the Senate leadership maintained that the process had involved broad consultations with key stakeholders, including the Office of the Accountant-General of the Federation, civil society groups, INEC and development partners.
Under Section 3 of the new law, a dedicated fund has been created to ensure INEC’s financial autonomy and operational stability. The Act also requires that election funds be released at least six months before a general election, a move lawmakers say will enhance planning and independence.
Section 60(3) makes electronic transmission of results to INEC’s Result Viewing Portal mandatory, while Section 60(6) prescribes six months’ imprisonment, a N500,000 fine, or both for any presiding officer who deliberately obstructs the process. However, the law allows the use of Form EC8A in cases where electronic transmission fails due to technical challenges, in line with INEC guidelines.
To curb administrative lapses, Section 74(1) compels a REC to provide certified true copies of requested documents within 24 hours of payment, with a minimum two-year prison sentence without the option of a fine for non-compliance. Section 72(2) further provides that a certified court order is sufficient for swearing in a candidate declared winner by a court where INEC fails to issue a certificate of return.
The Act also strengthens penalties for vote-buying, impersonation and result manipulation, prescribing up to two years’ imprisonment or fines ranging from N500,000 to N2 million.
In a major shift, indirect primaries have been scrapped. Political parties are now limited to direct or consensus primaries. Parties must also maintain digital membership registers and submit them to INEC at least 21 days before any primary, congress or convention. Failure to comply will disqualify a party from fielding candidates.
Campaign spending limits have been reviewed upward: presidential candidates may now spend up to N10 billion; governorship candidates N3 billion; Senate candidates N1 billion; House of Representatives N250 million; House of Assembly N100 million; Area Council chairmanship N60 million; and councillorship N10 million.
Additional provisions include gender-sensitive voting arrangements where culturally required, enhanced support for visually impaired voters and a N10 million fine for political parties that fail to submit accurate audited financial returns.
According to Bamidele, the Electoral Act, 2026, is designed to strengthen INEC’s independence, deepen transparency, improve technological integration and impose stricter accountability measures, with the overall aim of enhancing electoral credibility and reducing disputes in Nigeria’s democratic process.