Yesterday, the Senate emphasized the extensive changes included in the recently passed Electoral Act, 2026, characterizing it as a comprehensive framework intended to improve Nigeria’s electoral system’s accountability, openness, and institutional independence.
In a statement released by his office’s Directorate of Media and Public Affairs, Senate Leader Opeyemi Bamidele revealed the highlights.
Bamidele said the new law was the result of two years of intensive deliberations with development partners, civil society organizations (CSOs), the Office of the Attorney-General of the Federation (OAGF), and the Independent National Electoral Commission (INEC).
Contrary to what some have implied, he clarified, the legislative process was inclusive and cooperative, including stakeholder input into the final product before sending it to President Bola Ahmed Tinubu for his signature.
Within 24 hours of its transmission, Tinubu signed the Electoral Bill 2026 into law, capping what lawmakers said was a two-year redrafting process meant to avoid constitutional ambiguities before the general election in 2027.
The creation of a special fund for INEC under Section 3 of the Act, which aims to ensure the commission’s financial independence, operational stability, and administrative continuity, is one of the main reforms, according to Bamidele.
According to him, the legislation also requires election funding to be released at least half a year prior to general elections.
He emphasized that the implementation of the Bimodal Voter Accreditation System (BVAS) or any other INEC-recommended technology is now required for voter accreditation under Section 47.
In a similar vein, he stated that Section 60(3) mandates that election results be sent electronically to the INEC Result Viewing Portal (IReV), while Section 60(6) stipulates that any presiding officer who willfully obstructs the electronic transmission of results faces a six-month jail sentence, a fine of ₦500,000, or both.
However, he stated that in situations when communication failure has been demonstrated, the Act allows for the conditional use of Form EC8A for manual transmission.
Additionally, the law establishes severe sanctions for election malfeasance. Resident Electoral Commissioners (RECs) are required by Section 74(1) to release certified true copies of documents within 24 hours after payment; failure to do so carries a minimum two-year jail sentence without the possibility of a fine.
“Vote buying, impersonation, and result manipulation are now punishable by up to two years in prison or fines of ₦500,000 to ₦2 million, or both, under Section 125,” Bamidele stated.
According to Bamidele, the 2026 law essentially phases out indirect primaries by allowing only direct and consensus primaries, which is a significant change from the abolished 2022 Act.
According to him, political parties are required by Section 77 to keep a digital membership record, provide membership cards, and submit the register to INEC at least 21 days before to primaries, congresses, or conventions.
He went on to say that a party will not be allowed to field candidates in the impacted election if they do not comply.
Additionally, the Act raises the campaign spending caps for all elected seats. The governorship cap was raised from ₦1 billion to ₦3 billion, and the presidential expenditure cap was raised from ₦5 billion to ₦10 billion. Positions in the National Assembly, state assemblies, and local governments were also modified.
According to him, other noteworthy clauses include steps to improve inclusivity, like guidelines allowing gender-based queue separation in places where cultural customs demand it and support systems for those with visual impairments.
According to Bamidele, Nigeria’s election governance structure has been improved and consolidated with the new election Act.
In addition to highlighting INEC’s operational and financial independence, technological integration with safeguards, harsher penalties for infractions, and more stringent regulation of political parties, he stated that the Act aims to “improve electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria.”
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