CSOs fault Electoral Act 2026, warn of risks to 2027 polls

2026-02-19 - 13:36

By Joseph Erunke, Abuja Leading civil society organisations have delivered a scathing verdict on the newly signed Electoral Act 2026, describing it as a “missed opportunity for transformative reform” and warning that unresolved loopholes could threaten the credibility of the 2027 general elections. At a press conference on Thursday, hours after President Bola Tinubu assented to the Act, a coalition including the Centre for Media and Society (CEMESO), The Kukah Center, International Press Centre (IPC), ElectHer, Nigerian Women Trust Fund, The Albino Foundation (TAF Africa), and Yiaga Africa criticised both the content of the new law and the manner of its passage by the National Assembly. The groups acknowledged the repeal of the Electoral Act 2022 and the presidential assent granted to the new legislation. However, they argued that the process leading to its enactment was marred by speed, opacity, and what they described as a troubling disregard for legislative transparency. Founder of The Albino Foundation, Jake Epelle, read the coalition’s prepared statement. “Electoral law is the architecture of democratic competition. Its legitimacy depends not only on its content but on the openness and credibility of the process through which it is enacted,” the groups said. The civil society organisations expressed “profound concern” over reports that the harmonised version of the bill was adopted by both chambers of the National Assembly via voice vote without prior distribution of the final consolidated text to all lawmakers. According to the coalition, some legislators later admitted publicly that they voted based on assurances from leadership rather than a review of the final legislative language — a development they described as a violation of informed legislative consent and parliamentary accountability. They further alleged that last-minute amendments were inserted without publication or structured debate, including critical provisions relating to real-time electronic transmission of results. “The speed and opacity raise serious concerns about lawmakers’ commitment to genuine electoral reform,” the coalition said. They accused the Presidency of granting assent despite “credible legal, technical, and democratic concerns” raised by stakeholders, warning that the move signals political expediency over electoral integrity. “This sets a dangerous precedent,” the groups cautioned, adding that public trust in elections — already fragile — must be strengthened, not “casually tested.” Despite their criticism, the organisations highlighted several provisions they welcomed in the new Act. These include downloadable voter cards (Section 18), which allow voters to obtain their cards from INEC’s website, reducing disenfranchisement linked to unissued or missing cards; a disability-inclusive register (Section 9), requiring voter data to be disaggregated by disability type in line with Nigeria’s obligations under the UN Convention on the Rights of Persons with Disabilities; and stronger anti-fraud penalties (Sections 62 and 71), which impose a mandatory minimum of 10 years’ imprisonment for returning officers who falsify results and a three-year jail term for presiding officers who fail to sign result sheets. “These are among the strongest anti-fraud sanctions in Nigeria’s legislative history,” the statement noted. However, the civil society leaders insisted that the law leaves significant vulnerabilities intact. One of the most contentious provisions, they said, is Section 60(3), which mandates electronic transmission of results but allows physical result forms to become the primary source for collation in the event of “communication failure.” The coalition warned that the term remains undefined, with no independent verification mechanism or penalties for deliberate sabotage disguised as technical glitches. “The 2023 elections demonstrated how this ambiguity can be exploited. This loophole will be tested again in 2027,” the groups added. Other concerns raised include restrictions on result reviews (Section 65), which allow only INEC officials to trigger a review of election results within seven days, barring political parties, candidates, and accredited observers from initiating the process even with compelling evidence. They also criticised the ₦50 million party registration fee (Section 75(6)), describing it as a “financial moat” that could exclude youth-led and grassroots movements from political participation. On the mode of party primaries (Section 84), the coalition argued that limiting nomination methods to direct primaries or consensus eliminates indirect primaries and may increase vulnerability to vote-buying and elite manipulation. With the law now in force, the civil society groups shifted focus to implementation, pledging vigilant monitoring ahead of 2027. They urged the Independent National Electoral Commission (INEC) to urgently publish a revised election timetable to meet the new 300-day notice requirement and to issue comprehensive regulations clarifying key provisions, especially those relating to electronic transmission failures and party primaries. The coalition also called for a nationwide simulation of the IReV electronic transmission system across all 176,866 polling units, with independent observers present and a publicly released technical report detailing connectivity gaps and vulnerabilities. They tasked political parties to publicly commit to defending electronic transmission at every polling unit and to document suspicious communication failures in real time. The groups further called on the National Assembly to immediately publish the final signed version of the Electoral Act 2026 to ensure transparency and legal clarity. The coalition concluded that while the Electoral Act 2026 is “imperfect” and “incomplete,” it remains the framework under which the 2027 elections will be conducted. “It is our responsibility as citizens, media, and civil society to ensure that elections conducted under this law are credible, transparent, inclusive, and reflective of the will of the Nigerian people,” they said.