Elections And the Rule of Law: Strengthening Compliance in Nigeria’s Electoral Process Under the Proposed Electoral Act 2026

Contributor: Jeevan Paul

Introduction

Elections remain the cornerstone of democratic governance and the primary mechanism through which citizens exercise political sovereignty. In Nigeria, however, the electoral process has long faced challenges arising from electoral malpractice, weak institutional enforcement, electoral violence, internal party conflicts, and protracted post-election litigation. As the country prepares for the 2027 general elections, the proposed Electoral Act 2026 seeks to address these persistent challenges through reforms aimed at enhancing transparency, accountability, and adherence to the rule of law.^[1]

The proposed Electoral Act 2026 introduces significant reforms in electoral administration, political party governance, electoral dispute resolution, campaign finance regulation, voter participation, and inclusivity. These reforms seek to strengthen public confidence in the electoral system and to promote free, fair, and credible elections whose outcomes command broad public acceptance. Nevertheless, legislative reform alone cannot guarantee electoral integrity. The effectiveness of these provisions will depend largely on their implementation, the independence of electoral institutions, and the commitment of political actors and other stakeholders to uphold the rule of law.^[2]

This article examines the major reforms proposed by the Electoral Act 2026 and evaluates their potential to strengthen compliance, improve electoral governance, and consolidate democratic development in Nigeria.

Electoral Administration and Technological Reforms

Electoral administration encompasses the institutions, procedures, and mechanisms responsible for organising and conducting elections. The credibility of any electoral process depends largely on the transparency, efficiency, and integrity of these mechanisms.^[3]

One of the most significant reforms proposed under the Electoral Act 2026 is the enhanced integration of technology into voter accreditation and result management. Under section 47(2) of the Electoral Act 2022, the Independent National Electoral Commission (INEC) could deploy the Smart Card Reader or any other technological device it prescribed for voter accreditation. While this provision afforded flexibility, it also created uncertainty regarding the uniform application of electoral technology.^[4]

The Electoral Act 2026 addresses this concern by expressly mandating the use of the Bimodal Voter Accreditation System (BVAS) or any other INEC-approved technological device for voter accreditation. This reform seeks to strengthen voter verification, prevent multiple voting, and reduce identity-related electoral fraud.^[5]

The proposed Act also introduces significant reforms to result transmission. Under the previous framework, the collation process relied substantially on manual procedures and the physical movement of results, creating opportunities for manipulation and disputes. Sections 60(3) and 60(5) of the Electoral Act 2026 now require the electronic transmission of election results from polling units to the INEC Result Viewing Portal. By enhancing transparency and enabling public scrutiny of results, this measure aims to strengthen confidence in the electoral process and minimise controversies arising from the collation of results.^[6]

In addition, the Act imposes stricter sanctions for electoral offences. Sections 115–130 prescribe enhanced penalties for offences such as unlawful voter registration, tampering with electoral materials, improper accreditation, and result manipulation. These provisions seek to deter electoral misconduct and promote greater accountability among electoral officials, political actors, and other stakeholders.^[7]

Notwithstanding these reforms, several practical challenges may affect their effectiveness. Inadequate internet connectivity, unreliable electricity supply, and cybersecurity vulnerabilities continue to pose significant risks to electronic electoral systems, particularly in remote and underserved communities. Furthermore, the successful implementation of these reforms will require sustained investment in technological infrastructure, comprehensive training for electoral officials, and effective public sensitisation.^[8]

Party Internal Governance and Democratic Accountability

Political parties occupy a central position in democratic governance, and the credibility of any electoral process depends significantly on the integrity of their internal operations. In Nigeria, weak internal party democracy has consistently generated political instability, resulting in candidate imposition, factional conflicts, and extensive pre-election litigation.^[9]

Under the Electoral Act 2022, political parties may nominate candidates through direct or indirect primaries or by consensus. Although this framework offered multiple nomination options, indirect primaries frequently attracted criticism for their susceptibility to manipulation, limited transparency, and excessive control by party elites.^[10]

The proposed Electoral Act 2026 seeks to strengthen internal party democracy by abolishing indirect primaries and limiting candidate nomination to direct primaries or consensus arrangements. The Act further empowers the INEC to monitor party primaries and ensure compliance with statutory requirements.^[11]

This reform aims to promote greater party member participation in the candidate selection process, enhance transparency, and reduce the undue influence of party leadership in determining electoral nominees. By encouraging more inclusive and accountable nomination procedures, the Act seeks to minimise internal disputes and strengthen the democratic legitimacy of political parties.^[12]

The proposed Act also reinforces candidate disclosure obligations. Political parties must submit the personal particulars, affidavits, and other relevant documents of their candidates to INEC for public inspection. This requirement promotes transparency and enables voters, civil society organisations, and other stakeholders to scrutinise candidates’ qualifications and eligibility before elections.^[13]

Although the Act does not criminalise dual party membership, the issue remains a significant challenge within Nigeria’s political landscape. Multiple party affiliations undermine party discipline, weaken ideological commitment, and encourage political opportunism. Addressing this concern will require stronger internal regulatory mechanisms within political parties, coupled with effective monitoring and enforcement by both party institutions and INEC.^[14]

Ultimately, the effectiveness of these reforms will depend on consistent enforcement, institutional impartiality, and active oversight by civil society organisations, the media, and other democratic stakeholders. Without genuine commitment to internal party democracy, even the most progressive electoral reforms may fail to achieve their intended objectives.

Electoral Justice and Dispute Resolution

Electoral justice is a fundamental component of democratic governance. The legitimacy of any electoral process depends not only on the conduct of elections but also on the existence of effective mechanisms for resolving disputes fairly, transparently, and within a reasonable time. Timely and impartial adjudication of electoral disputes strengthens public confidence in electoral outcomes and reinforces adherence to the rule of law.^[15]

One of the most significant reforms proposed under the Electoral Act 2026 concerns the grounds upon which election petitions may be instituted. Under the Electoral Act 2022, a petitioner could challenge an election on several grounds, including the qualification of a candidate, corrupt practices, substantial non-compliance with electoral laws, and the failure of a declared winner to secure the majority of lawful votes cast.

The proposed Electoral Act 2026 narrows these grounds considerably. Election petitions may now be brought only on the following grounds:^[16]

1. That the election was invalid by reason of corrupt practices or substantial non-compliance with the provisions of the Act; or ^[17]
2. That the person declared elected was not duly elected by the majority of lawful votes cast at the election. ^[18]

A notable consequence of this reform is the exclusion of candidate qualification as a ground for challenging election results. The Act further provides that a breach of guidelines, regulations, or directives issued by the INEC will not, by itself, constitute a valid basis for an election petition unless the breach also amounts to a violation of a statutory provision.^[19]

To discourage frivolous or speculative litigation, the Act introduces financial sanctions for petitions filed outside the recognised grounds. A petitioner who institutes such proceedings may be liable to a fine of ₦10 million, while legal practitioners responsible for filing or pursuing such petitions may face fines of up to ₦5 million. These provisions seek to promote greater discipline in electoral litigation and reduce the burden of unmeritorious cases on the judiciary.^[20]

The proposed Act also seeks to expedite the resolution of electoral disputes by shortening timelines for opening tribunal registries, hearing and determining petitions, and filing and disposing of appeals. These measures are intended to ensure that electoral disputes are resolved promptly and that elected officials are not subjected to prolonged legal uncertainty after assuming office.^[21]

These reforms present both opportunities and concerns. On the one hand, they may reduce judicial congestion, discourage abuse of the electoral justice system, and facilitate the timely determination of disputes. On the other hand, restricting the grounds on which elections may be challenged could limit judicial scrutiny of important electoral issues, particularly those related to the qualifications and eligibility of candidates. Such limitations may inadvertently weaken accountability within the electoral process.^[22]

Ultimately, the effectiveness of these reforms will depend on the competence, independence, and integrity of electoral tribunals and the judiciary. Without a strong and impartial dispute-resolution framework, legislative reforms alone may prove insufficient to guarantee electoral justice or sustain public confidence in Nigeria’s democratic institutions.

Campaign Finance and Electoral Offences

Effective campaign finance regulation is essential to the integrity of the electoral process. Promoting transparency, accountability, and equal political participation helps prevent the undue influence of wealth on electoral outcomes. In Nigeria, however, excessive campaign spending, vote buying, illicit political financing, and inadequate disclosure mechanisms have continued to undermine the credibility of elections.^[23]

The proposed Electoral Act 2026 introduces significant changes to campaign finance regulation by substantially increasing permissible expenditure limits for political candidates. Notably, the spending limit for presidential elections increases from ₦5 billion under the Electoral Act 2022 to ₦10 billion under the proposed framework. The Act similarly raises expenditure ceilings for governorship, legislative, and local government elections. While these increases may reflect prevailing economic realities and the rising cost of political campaigns, they also raise concerns about the growing influence of money in the electoral process and the potential marginalisation of less financially resourced candidates.^[24]

To strengthen transparency, the Act imposes more rigorous reporting and disclosure obligations on political parties and candidates. Political parties must maintain comprehensive records of campaign contributions, donations, and expenditures, while INEC is empowered to monitor compliance, conduct audits, and impose sanctions for breaches of campaign finance regulations. These measures seek to improve financial accountability and enhance public scrutiny of political financing.^[25]

The proposed Act also adopts a stricter approach to electoral offences. Offences such as vote buying, bribery, multiple voting, voter intimidation, and result manipulation now attract more severe penalties, including increased fines and longer terms of imprisonment. By strengthening punitive measures, the Act seeks to deter electoral misconduct and reinforce compliance with electoral laws.^[26]

These reforms reflect a stronger legislative commitment to promoting accountability and preserving the integrity of the electoral process. Nevertheless, the effectiveness of the new provisions will depend largely on enforcement. Without robust monitoring mechanisms, institutional independence, and sustained political will, campaign finance violations and electoral offences may persist despite stricter legal sanctions.^[27]

Accordingly, the role of civil society organisations, election observers, and investigative journalists remains indispensable. Through independent monitoring, public advocacy, and the exposure of electoral malpractice, these stakeholders contribute significantly to electoral transparency and help ensure that campaign finance regulations achieve their intended objectives.^[28]

Voter Participation, Security, and Inclusivity

A credible electoral system requires broad voter participation, adequate security, and meaningful inclusivity. Citizens must not only be able to exercise their voting rights freely and without intimidation, but they must also have confidence in the integrity, fairness, and transparency of the electoral process.^[29]

The proposed Electoral Act 2026 reinforces the INEC’s responsibility to undertake voter education and civic enlightenment programmes. This obligation has become increasingly important in light of the technological innovations introduced by the Act, particularly the use of electronic voter accreditation and electronic transmission of election results. Effective voter education can improve public understanding of electoral procedures, reduce misinformation, combat voter apathy, and strengthen confidence in the electoral process.^[30]

Beyond INEC, civil society organisations, the media, educational institutions, and community leaders play a vital role in promoting voter awareness and civic engagement. Their participation is particularly important in rural and underserved communities, where access to electoral information may be limited. Through sustained public enlightenment campaigns, these stakeholders can help ensure that citizens understand both their electoral rights and responsibilities.^[31]

Security remains another critical component of electoral integrity. Security agencies are responsible for maintaining law and order during elections, protecting voters and electoral officials, safeguarding electoral materials, and preventing acts of violence, intimidation, and disruption. However, allegations of political bias, selective enforcement, or excessive use of force by security personnel have historically undermined public confidence in the electoral process.^[32]

The credibility of future elections, particularly the 2027 general elections, will therefore depend significantly on the neutrality, professionalism, and accountability of security agencies. To achieve this objective, electoral security personnel must receive adequate training, operate under clear rules of engagement, and discharge their responsibilities without partisan influence.^[33]

The proposed Electoral Act 2026 also strengthens provisions to promote inclusivity in the electoral process. The Act prohibits discrimination against voters based on gender, disability, or other protected status. It encourages political parties to adopt measures that promote diversity and broader representation in candidate selection processes.^[34]

In addition, the Act introduces enhanced accessibility measures for persons with disabilities. These measures include the deployment of assistive technologies, improved access to polling units, and the designation of trained electoral officials to provide necessary support during voting. Such provisions seek to remove barriers that have historically limited the effective participation of persons with disabilities in elections.^[35]

Collectively, these reforms aim to create a more inclusive and representative electoral system that reflects the interests and participation of all segments of society. By promoting equal access to the electoral process, the Act seeks to strengthen democratic legitimacy and ensure that women, young persons, persons with disabilities, and other historically marginalised groups can participate fully and effectively in Nigeria’s democratic governance.

Conclusion

The proposed Electoral Act 2026 represents an ambitious effort to strengthen Nigeria’s electoral framework by addressing persistent challenges relating to electoral administration, internal party democracy, electoral dispute resolution, campaign finance regulation, voter participation, and inclusivity. Through expanded use of technology, stricter sanctions for electoral offences, enhanced transparency requirements, and reforms to improve electoral accountability, the Act seeks to reinforce compliance with the rule of law and restore public confidence in the electoral process.

However, the effectiveness of these reforms will depend not merely on their legislative adoption but on their faithful implementation. Institutional independence, adequate funding, technological preparedness, judicial integrity, and the commitment of political actors to democratic principles will ultimately determine whether the objectives of the Act are realised. If effectively implemented and consistently enforced, the Electoral Act 2026 has the potential to strengthen electoral integrity, reduce electoral disputes, and contribute significantly to the conduct of free, fair, credible, and inclusive elections in Nigeria’s 2027 general election cycle.^[36]

Reference:

1. Emmanuel Amah Ibiam and Nnenna Nkechi Happiness Chima, ‘Consolidating Democracy in Nigeria Through Free and Fair Election: The Role of Law’ (2025) 2(2) Nnamdi Azikiwe University Journal of Law and Clinical Legal Education available at https://www.journals.ezenwaohaetorc.org/index.php/NAU JLCLE/article/viewFile/3546/3677. accessed 8 May 2026 ↑
2. Dawn Commission, ‘The Electoral Act 2026: Key Provisions and Their Implications for the 2027 Elections’ available at https://dawncommission.org/wp-content/uploads/2026/04/The-Electoral-Act-2026.pdf accessed 8 May 2026. ↑
3. The Carter Center, ‘The Election Management Process Should Be Transparent’ Election Standards available at https://eos.cartercenter.org/summaries/185 accessed 8 May 2026. ↑
4. Dawn Commission (n 1). ↑
5. Ibid ↑
6. Ibid ↑
7. Ibid ↑
8. Ejikeme Omenazu and Samuel Ogidan, ‘Mandatory Electronic Transmission of Results in 2027: Stakeholders Fear Hitches’ Independent (1 February 2026) available at https://independent.ng/mandatory-electronic-transmission-of-results-in-2027-stakeholders-fear-hitches/ accessed 8 May 2026. ↑
9. Simon Auta Sako, ‘Challenges of Internal Party Democracy Under the 2022 Electoral Act in Plateau State, Nigeria’ (2026) 3(1) University of Jos Journal of Political Science available at https://journals.unijos.edu.ng/index.php/ujjps/article/view/960 accessed 8 May 2026. ↑
10. Policy and Legal Advocacy Centre (PLAC), ‘Candidate Nomination by Political Parties Under the Electoral Act 2026: Key Changes and Implications’ (March 2026) available at https://placng.org/i/wp-content/uploads/2026/03/CANDIDATE-NOMINATION-BY-POLITICAL-PARTIES-UNDER-THE-ELECTORAL-ACT-2026-KEY-CHANGES-AND-IMPLICATIONS.pdf accessed 8 May 2026. ↑
11. Ibid ↑
12. Situation Room Nigeria, ‘The Electoral Act 2026, Signed into Law in February 2026, Updates and Builds Upon the Framework Established by the 2022 Act’ (Facebook post, 5 March 2026) available at https://www.facebook.com/situationroomnigeria/posts/the-electoral-act-2026-signed-into-law-in-february-2026-updates-and-builds-upon-/1318447676979715/ accessed 11 May 2026. ↑
13. Ibid ↑
14. Ibid ↑
15. International Institute for Democracy and Electoral Assistance (International IDEA), Electoral Justice: An Overview of the International IDEA Handbook available at https://www.idea.int/sites/default/files/publications/chapters/electoral-justice-handbook/electoral-justice-handbook-overview.pdf accessed 11 May 2026. ↑
16. O. M. Atoyebi, SAN, ‘The Electoral Act 2026: A Legal Analysis of Key Amendments and Their Implications for Electoral Governance in Nigeria’ (11 May 2026) Omaplex available at https://omaplex.com.ng/the-electoral-act-2026-a-legal-analysis-of-key-amendments-and-their-implications-for-electoral-governance-in-nigeria/ accessed 11 May 2026. ↑
17. Ibid ↑
18. Ibid ↑
19. Ibid ↑
20. ibid ↑
21. ibid ↑
22. Samson Itodo, ‘Addressing Nigeria’s Unresolved Electoral Reform Issues’ (29 August 2024) International IDEA available at https://www.idea.int/news/addressing-nigerias-unresolved-electoral-reform-issues accessed 11 May 2026. ↑
23. Ibid ↑
24. O. M. Atoyebi, SAN (n 5). ↑
25. Ibid ↑
26. Ibid ↑
27. Shehu Musa Yar’Adua Foundation, Political Accountability & Elections in Nigeria (December 2022) available athttps://yaraduafoundation.org/smyf/files/political%20accountability%20and%20elections%20in%20Nigeria.pdf accessed 11 May 2026. ↑
28. Ibid ↑
29. Policy and Legal Advocacy Centre (PLAC), Best Practice Guide on Effective Legislative Oversight on Inclusivity (2020) available at https://placng.org/i/wp-content/uploads/2021/04/Best-Practice-Guide-on-Effective-Legislative-Oversight-of-Inclusivity-Revised.pdf accessed 11 May 2026. ↑
30. Ibid ↑
31. ibid ↑
32. Jamaludden Muhammed Ali and Suleiman Danladi, ‘An Analysis of the Role of Security Agencies in the Management of Electoral Violence in Nigeria’s Fourth Republic’ (April 2022) available at https://www.researchgate.net/publication/400270535_AN_ANALYSIS_OF_THE_ROLE_OF_SECURITY_AGENCIES_IN_THE_MANAGEMENT_OF_ELECTORAL_VIOLENCE_IN_NIGERIA%27S_FOURTH_REPUBLIC accessed 11 May 2026. ↑
33. ibid ↑
34. PLAC (n 1) 7. ↑
35. Ibid ↑
36. Festus Okoye, Monday Onyekachi Ubani, SAN, Jonathan Gunu Taidi, SAN, Samson Itodo, Jide Ojo and Ferdinand Oshioke Orbih, SAN, ‘Electoral Act 2026: The Pros and Cons’ ThisDay (24 February 2026) available at https://www.thisdaylive.com/2026/02/24/electoral-act-2026-the-pros-and-cons/ accessed 11 May 2026. ↑