Electoral Act: NASS lists dedicated fund for INEC, e-transmission of results, others as key reforms

Following criticism from individuals and groups over the Electoral Act, 2026, recently signed by President Bola Tinubu, the National Assembly has explained that it engaged the Attorney General of the Federation (AGF), Independent National Electoral Commission (INEC), civil society organisations (CSOs), and development partners, among others, for two years before the enactment of the law.

According to the parliament, electronic transmission of election results, use of the bimodal voters’ accreditation system (BVAS), and the creation of a digital membership register by all political parties with INEC for the conduct of primaries are now mandatory under the new law.

Leader of the Senate, Senator Opeyemi Bamidele (APC Ekiti Central), who provided the explanation on Sunday, listed other key reforms in the Act. These include the creation of a dedicated fund for INEC to guarantee its financial autonomy, operational stability, and administrative continuity.

He added that the new electoral governance framework also mandates the commission to recommend two-year imprisonment for any Resident Electoral Commissioner (REC) who withholds vital documents, establish an electronic register of voters, and review upward campaign funds for various elective offices.

Bamidele, in a statement released by his Directorate of Media and Public Affairs, also revealed that the National Assembly had harmonised different versions of the Electoral Bill, 2026, produced by its two chambers, especially with respect to Clause 60(3). The bill was passed into law and transmitted to President Tinubu for assent to avoid constitutional crises that might arise in preparation for the 2027 general elections.

Contrary to insinuations in some quarters, the Senate Leader emphasized that the making of the new regime “is a collective work that involves nearly all critical stakeholders.”

“The National Assembly worked with stakeholders such as the OAGF, CSOs, INEC, and our development partners, among others, before we eventually completed the process.

“As we were making progress, the stakeholders were also providing input, and all contributions were incorporated into the Act. In view of the time constraints we are facing now, I do not believe the Executive requires days or weeks to review it before assent, since we all contributed. Its outcome is not a unilateral effort of the parliament, but of Nigerians at large,” he stressed.

Consequently, Bamidele explained the potential of the new electoral governance framework “to strengthen institutional independence, enhance transparency in election management, improve technological integration, and reinforce accountability mechanisms in the country’s election system.”

He added that Section 3 of the new legislation, which established a dedicated fund for INEC, requires that election funds be released earlier at least six months before the general elections and expands the commission’s powers to review questionable result declarations made under duress or procedural violations.

The Senate Leader also cited Section 47 of the Electoral Act, which 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 in the manner prescribed by the Commission.”

While Section 60(3) mandates the electronic transmission of election results to the INEC Result Viewing Portal (IReV), he revealed that Section 60(6) recommends six-month imprisonment, a fine of N500,000, or both against any presiding officer who willfully frustrates the electronic transmission of election results.

“This provision aligns with public demands. It also stipulates another measure of consequence if any presiding officer refuses to electronically transmit results from each polling unit to IReV. We must understand that IReV is not a collation platform; it was designed to enhance transparency. An electronic collating system requires its own planning,” he stated.

Nevertheless, the Senate Leader clarified that the new electoral governance framework conditionally permits the resort to Form EC8A to transmit election results, as prescribed by INEC, provided that electronic transmission fails due to communication issues.

He also pointed out Section 72(2), which states that a certified true copy of a court order “shall be sufficient for the purpose of swearing in any candidate declared winner by the court where INEC fails, refuses, or neglects to issue the certificate of return.”

Section 74(1) of the Electoral Act, according to Bamidele, specifically mandates the REC to release a certified true copy of any document within 24 hours after payment. Failure to comply attracts a minimum imprisonment of two years without an option of a fine.

Unlike the repealed 2022 Electoral Act, the new regime provides only for direct and consensus primaries under Section 84(1-2) as the means of electing candidates, phasing out indirect primaries to broaden participation among party members and reduce the influence of money on party delegates.

Section 77(1-7) stipulates stringent measures that will govern the conduct of primaries and the election of party candidates. Each political party must maintain a digital register of members, issue membership cards, and submit the register to INEC at least 21 days before primaries, congresses, or conventions.

The new regime also raised election spending limits under Section 92(1-8), including:

Presidential poll: from N5 billion to N10 billion
Governorship: from N1 billion to N3 billion
Senate: from N100 million to N500 million
House of Representatives: from N70 million to N250 million
House of Assembly: from N30 million to N100 million
Area Council: from N30 million to N60 million
Councillorship: from N5 million to N10 million

Under Section 125(1-2), Bamidele explained that the Act strengthened measures against vote buying, impersonation, and result manipulation, prescribing two-year imprisonment or fines ranging from N500,000 to N2 million, or both, upon conviction.

Given these reforms, the Senate Leader said:

“The Electoral Act, 2026 represents a consolidation and refinement of the country’s electoral governance framework. Overall, the Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria.”

Electoral Act: NASS lists dedicated fund for INEC, e-transmission of results, others as key reforms