A group of civil society organisations, CSOs, has described the newly enacted Electoral Act 2026 as a “missed opportunity” for Nigeria to have transformative electoral reform, citing “dangerous loopholes” and other shortcomings in its passage.
Speaking at a press briefing on Thursday in Abuja, attended by the spokesperson of the House of Representatives, Hon Akin Rotimi, the CSOs expressed deep concern over what they termed the speed and opacity that characterised the legislative process.
A joint statement read on behalf of the CSOs by the Chief Executive Officer of The Albino Foundation, ATAF Africa, Dr Jake Ekpele, said the final version of the bill reportedly contained last-minute amendments that were neither published nor made available to lawmakers, civil society or the public before adoption.
The CSOs include: the Centre for Media and Society, The Kukah Centre, International Press Centre, ElectHer, Nigerian Women Trust Fund, TAF Africa and Yiaga Africa.
Recall that President Bola Tinubu on Wednesday signed the Electoral Act Amendment Bill 2026 into law, which formally repealed and replaced the Electoral Act 2022.
The Presidential assent was performed during a brief ceremony at the Presidential Villa, and attended by Senate President, Godswill Akpabio, Speaker of the House of Representatives, Abbas Tajudeen, Senate Leader, Opeyemi Bamidele, Deputy Speaker Benjamin Kalu, and other government officials.
The CSOs raised concerns about Section 60(3), which mandates electronic transmission of results but provides that where transmission fails due to “communication failure,” the physical result sheet becomes the primary source for collation.
The coalition argued that the term “communication failure” remains undefined, with no independent verification mechanism or sanctions for deliberate sabotage disguised as technical failure.
They also criticised the shortening of timelines for key electoral activities, including the reduction of the notice period for elections from 360 to 300 days and the compressed timeframe for submission and publication of candidate lists.
According to the group, these changes increase logistical risks and could strain the electoral process.
Further concerns were raised over Section 65, which restricts the activation of result review processes to reports filed by INEC officials, thereby excluding political parties, candidates and accredited observers from triggering reviews even where evidence of irregularities exists.
The coalition described the N50 million administrative fee for new political party registration under Section 75(6) as prohibitive and exclusionary, arguing that it could stifle grassroots and youth-led political movements.
They also faulted Section 84, which limits parties to direct primaries or consensus for candidate nominations, removing the option of indirect primaries. The CSOs warned that this could increase vulnerabilities to vote-buying and elite manipulation.
The coalition of CSOs alleged that the harmonised bill produced by the Conference Committee was adopted in both chambers via voice vote without prior distribution of the consolidated text to all legislators.
According to them some lawmakers later admitted publicly that they voted based on assurances from chamber leadership rather than personal review of the final document.
The CSOs described this as a violation of informed legislative consent and a weakening of parliamentary accountability.
The groups also raised concerns that debate on critical clauses — particularly provisions relating to real-time electronic transmission of results — was curtailed.
They warned that electoral law derives legitimacy not only from its content but from the openness and credibility of the process through which it is enacted.
While faulting the process and substance of the law, the coalition, however, acknowledged several provisions they described as progressive.
Among them is Section 18, which allows for downloadable voter cards from the Independent National Electoral Commission, INEC, website, a move they said could reduce disenfranchisement associated with unissued or missing Permanent Voter Cards.
The CSOs also welcomed Section 9, which mandates that the voter register be disaggregated by disability type for the first time in Nigeria’s electoral history, aligning with the country’s obligations under the UN Convention on the Rights of Persons with Disabilities.
In addition, the groups praised enhanced penalties for result falsification under Sections 62 and 71, including a mandatory minimum 10-year jail term for returning officers who deliberately falsify results.
Looking ahead, the coalition pledged vigilant monitoring of the Act’s implementation.
They urged the Independent National Electoral Commission to urgently publish a revised timetable for the 2027 general elections in line with the new 300-day notice requirement and to issue comprehensive regulations clarifying issues such as the definition and threshold of “communication failure” in electronic transmission.
The groups also called on INEC to conduct a nationwide simulation of electronic transmission across all 176,866 polling units and publish a detailed technical report outlining success rates, connectivity gaps and remediation plans.
Political parties were urged to publicly commit to defending electronic transmission by insisting on compliance at polling units and documenting suspicious failures in real time.
The also coalition called on the National Assembly to immediately publish the final signed version of the Electoral Act 2026 to ensure transparency and legal clarity.
Reacting to issues raised by the CSO, the Spokesperson of the House of Reps, Hon Akin Rotimi, defended the passage of the Electoral Act 2026, describing it as a product of due parliamentary process and taken in the best interest of Nigerians.
Rotimi who addressed criticisms surrounding the new electoral law, maintained that the legislative process complied fully with constitutional and parliamentary rules.
He acknowledged that some stakeholders were dissatisfied with aspects of the Act but stressed that democratic reform is a continuous process open to future amendments.
He clarified that the law mandates electronic transmission of polling unit results, noting that manual collation applies only where transmission fails.
He also highlighted stricter penalties for non-compliance, formal consent requirements for consensus primaries, and the codification of BVAS.
Rotimi added his voice to calls on INEC to conduct a nationwide transmission simulation and to publish a revised 2027 election timetable, assuring that the 10th Assembly remains committed to restoring public trust and strengthening electoral credibility.
