By Muhammed Abubakar, Reporting
THE National Assembly has detailed the landmark reforms contained within the newly signed 2026 Electoral Act, highlighting the establishment of a dedicated funding stream for the Independent National Electoral Commission (INEC), the mandatory electronic transmission of results, and the requirement for political parties to maintain digital membership registers.
According to the legislature, the new legal framework for elections also compels INEC to deploy the Bimodal Voter Accreditation System (BVAS) for voter verification. It introduces a two-year custodial sentence for any Resident Electoral Commissioner (REC) found to be withholding vital documents, establishes an electronic voters’ register, and raises the spending limits for candidates contesting various elective offices.
The Leader of the Senate, Senator Opeyemi Bamidele, provided the key highlights in a statement on Sunday. He revealed that the legislative arm had engaged in a two-year consultation process with a wide range of stakeholders before the act’s final enactment.
Senator Bamidele explained that the National Assembly harmonised the different versions of the Electoral Bill 2026 produced by both chambers, particularly concerning Clause 60(3). The Bill was subsequently passed and transmitted to President Bola Ahmed Tinubu for assent to avert any constitutional crisis that could arise from delays in preparing for the 2027 general election.
The statement read: “The president had subsequently signed the Electoral Bill 2026 into law after 24 hours of its enactment, thereby completing the two-year process of recrafting the new regime expected to shape the next elections positively.
“Although the civil society organisations (CSOs) had questioned the speed at which the Electoral Bill 2026 was signed into law, the president observed that the essence of democracy was designed to promote conversations aimed at deepening national development, nation-building and stability of the federation.”
Contrary to suggestions in some quarters, Senator Bamidele detailed how the National Assembly had consistently engaged with CSOs, INEC, the Office of the Attorney-General of the Federation (OAGF), and development partners over two consecutive years before the new electoral regime came into force.
He described the creation of the new framework as “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.”
Consequently, Senator Bamidele explained the potential of the new electoral governance framework “to obviously strengthen institutional independence; enhance transparency in election management; improve technological integration and reinforce accountability mechanisms in the country’s election management system.
Key Provisions of the New Act
· INEC Funding: Under Section 3, the Act establishes a dedicated fund for INEC, guaranteeing its financial autonomy, operational stability, and administrative continuity. The Senator noted this would allow INEC to operate with greater independence and requires that election funds be released at least six months before a general election. It also expands INEC’s powers to review questionable result declarations made under duress or due to procedural violations.
· Technology in Voting: Section 47 mandates all presiding officers “to use BVAS or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter.” Furthermore, Section 60(3) mandates the electronic transmission of election results to the INEC Result Viewing Portal (IReV).
· Sanctions for Officials: To ensure compliance, Section 60(6) recommends “a six-month imprisonment or a fine of N500,000 or both against any presiding officer, who willfully frustrates the electronic transmission of election result.” Senator Bamidele clarified that the framework conditionally permits the use of Form EC8A if electronic transmission fails due to a communication issue, as prescribed by INEC. Additionally, Section 74(1) mandates an REC to release certified documents within 24 hours of payment, with failure to comply attracting a minimum two-year prison sentence with no option of a fine.
· Political Party Operations: The new regime, under Section 84 (1-2), provides only for direct and consensus primaries as a means of electing candidates, phasing out indirect primaries to allow broader party member participation. Section 77 (1-7) mandates every political party to maintain a digital register of its members, issue membership cards, and submit this register to INEC 21 days before party primaries. A party failing to submit the register will not be eligible to field candidates.
· Campaign Finance: The Act reviews election spending limits upward. Under Section 92(1-8), the spending threshold for a presidential election has been raised from ₦5 billion to ₦10 billion; for governorship races, from ₦1 billion to ₦3 billion; and for the Senate, from ₦100 million to ₦500 million.
· Electoral Offences: Under Section 125(1-2), the legislation stiffens measures against vote buying, impersonation, and result manipulation, recommending a two-year imprisonment, a fine ranging between ₦500,000 and ₦2 million, or both upon conviction.
Other notable provisions include Section 49, which mandates presiding officers to separate queues by gender in areas where culture dictates; Section 54, which creates support mechanisms for voters with visual impairments; and Section 93(4), which recommends a fine of ₦10 million for political parties failing to submit accurate audited returns on time.
Summarising the reforms, Senator Bamidele stated: “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.”
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