Contributor: Iyanuoluwa Animasaun
Introduction
Electoral legislation constitutes the foundation of democratic governance. In Nigeria, the Electoral Act 2022 (hereafter “the 2022 Act”) introduced significant reforms to enhance transparency, promote technological integration, and strengthen electoral accountability. The enactment of the Electoral Act (Amendment) 2026 (hereafter “the 2026 Act”) introduces further substantive changes affecting voter accreditation, campaign finance, electoral offences, dispute resolution, and the grounds for election petitions.
While certain amendments appear intended to modernize electoral administration and strengthen sanctions for electoral offences, others raise concerns about transparency, campaign finance regulation, and access to electoral justice. This article examines the principal legal and policy shifts introduced by the 2026 Act and evaluates their implications for Nigeria’s electoral framework.
Legal Innovation
Technological Reforms in Voter Accreditation
A key reform under the 2022 Act was the introduction of technological mechanisms for voter accreditation, including the Smart Card Reader (SCR). Section 47(2) of the 2022 Act authorised the Presiding Officer to use the SCR or any other technological device prescribed by the Commission for accreditation.
The 2026 Act departs from this formulation by mandating the use of the Bimodal Voter Accreditation System (BVAS) or any other technological device prescribed by the electoral body.[1] This amendment formally institutionalises BVAS as the primary accreditation technology, thereby conferring statutory recognition on a device already deployed by the Independent National Electoral Commission (INEC) in recent elections.
The shift reflects a transition from technological flexibility to technological specificity, effectively embedding BVAS within Nigeria’s electoral framework.
Assistance to Voters with Disabilities
Section 54 of the 2022 Act permitted polling agents and party representatives to escort voters with disabilities to the voting area where necessary. The 2026 Act modifies this provision by excluding polling unit agents and party candidates from performing this role.[2]
The amendment appears aimed at minimising undue influence and political interference in the voting process. However, it may also reduce transparency where the responsibility is vested solely in electoral officials, thereby limiting independent oversight at the point of assistance.
Reduction of Timeline for Release of Election Funds
Section 3(3) of the 2022 Act required that election funds be released not later than one year before an election. The 2026 Act reduces this period to six months.
While this adjustment may reflect fiscal and budgetary constraints, it significantly narrows the operational preparation window available to the electoral body. This reduction may, in turn, affect logistical planning and the timely execution of nationwide electoral activities.
Electronic Transmission of Election Results
One of the most contested amendments concerns the transmission of election results. Section 60(3) of the 2022 Act emphasised the manual distribution of completed result forms to polling agents and security officials.
The 2026 Act shifts emphasis to the electronic transmission of results to the INEC Result Viewing Portal (IReV) upon completion of Form EC8A. Notwithstanding this shift, the Act retains the physical result form as the authoritative record in the event of technological failure, thereby preserving a hybrid evidentiary framework.
Stricter Penalties for Electoral Officials
Section 60(6) of the 2022 Act prescribed a penalty of a fine not exceeding ₦500,000 or imprisonment for at least 6 months for misconduct by presiding officers.
The 2026 Act significantly strengthens this provision by:
- Prescribing a minimum fine of ₦500,000, rather than a maximum.
- Permitting the imposition of both a fine and imprisonment simultaneously.
This amendment reflects a clear legislative intent to enhance accountability and deterrence within the conduct of electoral officials.
Changes to Party Primaries
Section 84(2) of the 2022 Act allowed political parties to nominate candidates through:
- Direct primaries
- Indirect primaries
- Consensus
The 2026 Act removes indirect primaries, leaving only:[3]
- Direct primaries
- Consensus
This modification may significantly affect internal party democracy and reshape candidate selection processes across political parties in Nigeria.
Expansion of Campaign Finance Limits
The 2026 Act substantially increases campaign expenditure limits, as set out below:[4]
| OFFICE | 2022 ACT | 2026 ACT |
| President | ₦5 billion | ₦10 billion |
| Governor | ₦1 billion | ₦3 billion |
| Senate | ₦100 million | ₦500 million |
| House of Rep | ₦70 million | ₦200 million |
| State Assembly | ₦30 million | ₦1oo Million |
| Area Council | ₦30 million | ₦100 million |
| Councillor | ₦5 million | ₦10 million |
While proponents contend that these increases reflect inflationary pressures and rising campaign costs, they may also deepen the influence of money in electoral politics.
Major Changes to Political Donations
Under the 2022 Act, individuals could donate up to ₦50 million to a candidate. The 2026 Act increases this limit to ₦500 million, representing a tenfold increase.[5]
In addition, the disclosure threshold for political contributions has been significantly raised from ₦1 million to ₦100 million.
Increased Penalties for Electoral Offences
The 2026 Act increases fines across a range of electoral offences, including improper use of voter cards, electoral bribery, impersonation, disorderly conduct at elections, possession of weapons at political meetings, and unauthorised voter registration. For example, the penalty for the improper use of a voter card increases from ₦1 million to ₦5 million.
These revisions indicate a legislative effort to strengthen deterrence and curb electoral malpractice through more stringent sanctions.
Faster Resolution of Election Petitions
The 2026 Act introduces procedural reforms designed to expedite electoral dispute resolution.[6] The amendments reduce the time to open tribunal registries from 30 days to 7 days, shorten the time to deliver judgment from 180 days to 150 days, and impose a 14-day deadline for filing appeals.
Collectively, these changes aim to promote timely adjudication and reduce prolonged electoral uncertainty.
Removal of a Ground for Election Petitions
A particularly contentious amendment concerns the grounds upon which election petitions may be brought. Under Section 134 of the 2022 Act, a petition could be filed on three grounds:
- Non-qualification of the candidate
- Corrupt practices or non-compliance with the Act
- The respondent was not duly elected by majority of lawful votes
The 2026 Act removes non-qualification as a ground for election petitions[7]. It further prescribes penalties for instituting petitions on a ground no longer recognised by law, including a minimum fine of ₦5 million for counsel and ₦10 million for petitioners.
This amendment raises significant concerns regarding access to electoral justice and the ability to challenge candidate eligibility through post-election litigation.
Removal of Certain Evidentiary Provisions
The 2026 Act also omits provisions previously contained in Section 137 of the Electoral Act 2022, which permitted the use of oral evidence to establish electoral non-compliance.
The removal of this evidentiary avenue may substantially affect the manner in which election petitions are proved before tribunals, potentially increasing reliance on documentary and technological evidence while constraining litigants’ ability to present oral testimony.
Implications for Electoral Governance in Nigeria
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- The amendments introduced by the 2026 Act have far-reaching implications for Nigeria’s electoral governance framework. The statutory entrenchment of technological tools such as BVAS and the emphasis on electronic transmission of results reflect a continued commitment to leveraging technology to enhance credibility, efficiency, and public confidence in elections. However, the retention of manual result forms as the primary reference in cases of technological failure preserves the longstanding tension between technological innovation and administrative discretion.
- In the area of campaign finance, the substantial increase in expenditure limits and donation thresholds raises concerns about the expanding influence of money in politics. Although inflationary pressures and rising campaign costs may justify these revisions, they risk weakening transparency and regulatory oversight, thereby undermining the principle of a level playing field in electoral competition.
- The restructuring of party primaries, particularly the removal of indirect primaries, may enhance participation through direct primaries but could also strain party structures and intensify intra-party conflicts. In the same vein, stricter penalties for electoral offences and misconduct by electoral officials indicate a policy shift toward deterrence and accountability, with the potential to improve compliance if effectively enforced.
- The most consequential changes concern election petitions and evidentiary requirements. The removal of non-qualification as a ground for election petitions, coupled with restrictions on evidentiary mechanisms, may limit judicial scrutiny of electoral outcomes and raise concerns about access to electoral justice. Although the shortened timelines for dispute resolution are intended to promote certainty and finality, they may impose additional procedural burdens on litigants.
Overall, the 2026 Act represents a re-calibration of Nigeria’s electoral system, balancing efficiency and finality against transparency and accountability. Its practical impact will depend on judicial interpretation, regulatory guidance issued by INEC, and the integrity of its implementation.
Conclusion
The 2026 Act introduces wide-ranging amendments that reshape Nigeria’s electoral framework. While it strengthens penalties for electoral offences and formalities technological innovations such as BVAS, it also introduces contentious changes relating to campaign finance transparency, the grounds for election petitions, and disclosure thresholds for political donations.
The overall impact of these amendments will depend on their interpretation and application by the courts and INEC. Notwithstanding these uncertainties, the 2026 Act represents one of the most significant shifts in Nigeria’s electoral legal regime since the 2022 reforms, and its implications are likely to shape future elections and electoral litigation in the country.
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