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Election Process

The Electoral Act 2026: What Changed, What's Contested, and Why It Matters

Saturday, 28 February 2026

Introduction

On February 18, 2026, President Bola Ahmed Tinubu signed the amended Electoral Act into law, replacing the Electoral Act 2022 ahead of the 2027 general elections. The process was marked by intense public debate, protests at the National Assembly, and a walkout by members of the House of Representatives. Understanding what changed — and what remains contentious — is essential for every Nigerian voter.

Key Differences Between the 2022 and 2026 Electoral Acts

1. Electronic Transmission of Results

This is the single biggest point of change — and contention.

2022 Act (Section 60(5)): Gave INEC broad discretion over how results moved from polling units to collation centres. Electronic transmission was permitted but not explicitly mandatory.

2026 Act (Sections 60 & 62): Now mandates that presiding officers electronically transmit polling unit results to the INEC Result Viewing Portal (IReV). Presiding officers who obstruct electronic transmission face up to six months imprisonment or a N500,000 fine.

However, the Act includes a fallback provision: where electronic upload fails due to a verified communication breakdown, the physical Form EC8A serves as the primary basis for collation. This fallback is at the heart of the controversy.

2. BVAS Now Has Legal Backing

2022 Act: INEC introduced the Bimodal Voter Accreditation System (BVAS) administratively, but it lacked explicit statutory recognition.

2026 Act (Section 47): BVAS (or any technology INEC prescribes) is now legally mandated for voter accreditation and verification at all polling units.

3. Candidate Selection (Primaries)

2022 Act: Political parties could nominate candidates through direct primaries, indirect primaries (via delegates), or consensus.

2026 Act: Restricts parties to only direct primaries and consensus — indirect primaries have been removed as an option.

4. Campaign Spending Limits Increased

The 2026 Act significantly raised spending ceilings to reflect economic realities:

  • Presidential: N5 billion (2022) increased to N10 billion (2026)
  • Governorship: N1 billion (2022) increased to N3 billion (2026)
  • Senate: N100 million (2022) increased to N500 million (2026)
  • House of Representatives: N70 million (2022) increased to N250 million (2026)

5. INEC Financial Autonomy

2022 Act: INEC's funding was subject to the regular appropriation cycle.

2026 Act: Establishes a dedicated INEC Fund, granting greater financial autonomy and mandating the release of election funds at least six months before polls.

6. Digital Party Membership Registers

Political parties must now maintain verified digital registers of their members, issue membership cards, and submit the register to INEC at least 21 days before primaries, congresses, or conventions.

7. INEC's Power to Review Results

Section 3 of the 2026 Act expands INEC's authority to review questionable result declarations made under duress or procedural violations — a power that did not exist as explicitly under the 2022 framework.

8. Election Petition Grounds Narrowed (Section 138)

2022 Act (Section 134(1)): Allowed election petitions on four grounds: (a) the candidate was not qualified to contest, (b) the election was marred by corrupt practices or non-compliance with the Act, (c) the candidate was not duly elected by majority of lawful votes, and (d) the candidate submitted forged certificates to INEC.

2026 Act (Section 138(1)): Reduces the grounds for challenging an election from four to just two: (a) the election was invalid by reason of corrupt practices or non-compliance with the Act, and (b) the respondent was not duly elected by majority of lawful votes. Notably, qualification challenges and allegations of certificate forgery have been removed as standalone grounds for election petitions.

Additionally, Section 138 introduces stiff penalties for filing petitions outside the prescribed grounds: a fine of N5,000,000 on the legal counsel and N10,000,000 on the petitioners.

Why Is It Still in Contention?

Despite being signed into law, the Electoral Act 2026 remains heavily contested for several reasons:

The "Fallback" Loophole

Critics argue that allowing Form EC8A as a fallback when electronic transmission fails effectively creates a legal backdoor for manual manipulation. In the 2023 elections, discrepancies between electronically uploaded results and manually collated figures were a major source of post-election disputes. Opponents fear this provision could be exploited to override electronically transmitted results.

The Legislative Process

In December 2025, the House of Representatives passed a version that required immediate and mandatory electronic transmission with no manual fallback. The Senate rejected this stronger version, preferring to retain INEC's discretion. When both chambers met to harmonise their positions in February 2026, the Senate's weaker version largely prevailed. This triggered protests outside the National Assembly between February 8 and 9, but the emergency session on February 10 still retained the fallback caveat.

Opposition Rejection

Leaders from major opposition parties — including figures like Atiku Abubakar, Peter Obi, and Rotimi Amaechi — have publicly rejected the Act and called on the National Assembly to begin a fresh amendment process. They argue several provisions are designed to undermine electoral transparency ahead of 2027. Civil society organisations have described the law as a missed opportunity for truly transformative reform.

Citizens' Protests

Nigerians from civil society groups including the Nigeria Civil Society Situation Room and ActionAid Nigeria held sustained demonstrations outside the National Assembly, demanding the stronger House version of the electronic transmission clause. Members of the House of Representatives staged a walkout in solidarity with protesters. The core demand: make real-time electronic transmission fully mandatory with no manual escape route.

The Narrowed Petition Grounds

Section 138 has drawn sharp criticism from legal scholars and civil society groups. The 1999 Constitution (as amended) explicitly disqualifies candidates who present forged certificates to INEC under Sections 137(1)(j) for presidential elections, 182(1)(j) for governorship, 66(1)(i) for Senate and House of Representatives, and 107(1)(i) for state assemblies. By removing qualification and certificate forgery from the grounds for election petitions, the Electoral Act 2026 appears to conflict with these constitutional provisions. Critics argue this creates a situation where a candidate can be constitutionally disqualified but practically unchallengeable after winning an election. The added financial penalties for filing on non-prescribed grounds further discourage petitioners from testing these boundaries in court, effectively shielding elected officials from accountability on qualification-related issues.

What This Means for You as a Voter

  1. Your vote will be accredited electronically — BVAS is now law, not just INEC policy.
  2. Results from your polling unit should appear on IReV — You can check them yourself.
  3. Watch for the fallback — If results from your polling unit are not uploaded electronically, ask why. The law says Form EC8A should only be used when there is a verified network failure.
  4. Qualification challenges are harder — Under the new law, you cannot challenge an elected official's qualifications or allege certificate forgery through an election petition. These challenges may now only be possible through pre-election suits, which have strict time limitations.
  5. Stay informed — The debate is ongoing. Opposition leaders are pushing for further amendments before 2027.

References

  • ThisDay: Electoral Act 2026 - The Pros and Cons (thisdaylive.com)
  • Ripples Nigeria: NASS Highlights Key Reforms in Electoral Act 2026 (ripplesnigeria.com)
  • OAL: Understanding the Electronic Transmission Controversy (oal.law)
  • Punch: Key Reforms in Nigeria's New Electoral Act 2026 (punchng.com)
  • TheCable: Presidential Campaign Threshold Doubled to N10bn (thecable.ng)
  • Daily Trust: Opposition Rejects Amended Electoral Act (dailytrust.com)
  • Champion News: Amid Protest, Senate, Reps Pass Electoral Act Amendment Bill 2026 (championnews.com.ng)
  • The Nation: Electoral Act 2026 and the Narrowing of Petition Grounds (thenationonlineng.net)
  • Vanguard: Controversy Over Section 138 Electoral Act 2026 (vanguardngr.com)

Knowledge is your strongest tool at the ballot box. Stay informed. Stay engaged.

Comments

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Okwudili Ifepe28 Feb 2026

This is a great breakdown of the 2026 Electoral Act. Very informative!