ELECTORAL ACT AMENDMENT: NASS delay throws 2027 polls into uncertainty

2026-01-27 - 00:02

...November 2026 plan in jeopardy ...Anxiety as lawmakers resume Tuesday By Henry Umoru, Assistant Politics Editor ABUJA— With Nigeria’s 2027 general elections fast approaching, rising anxiety has gripped political actors, electoral stakeholders and the Independent National Electoral Commission, INEC, over the National Assembly’s failure to conclude amendments to the Electoral Act, raising fears that the legal framework for the polls may collapse under the weight of delay. As federal legislators resume plenary today, all eyes are on the Senate and the House of Representatives, amid mounting pressure to rescue the stalled reform process before statutory deadlines overtake legislative action. At the heart of the concern is Section 28(1) of the Electoral Act 2022, which mandates INEC to issue a notice of election not later than 360 days before polling day. The last presidential election was held on February 25, 2023, the next presidential election is due on February 20 2027. This means INEC is rapidly running out of time. More alarming is the proposed amendment seeking to shift presidential and governorship elections to November 2026. With the existing 360-day notice requirement still intact and no amended law in force, that timetable has become practically unworkable, exposing a widening gap between legislative ambition and legal reality. Reform agenda trapped in delay The Electoral Act amendment bill, expected to redefine Nigeria’s electoral architecture, remains unfinished despite assurances by lawmakers that the process would be concluded before December 2025. Senate Leader, Senator Opeyemi Bamidele, had promised: “Between now and December 2025, we will ensure that the amendment of the Electoral Act, 2022 is concluded so that it will not be too close to the 2027 elections.” That deadline has expired, deepening uncertainty among political parties and election managers, who must now plan for 2027 without clarity on the rules that will govern the contest. November 2026 proposal under threat At a joint public hearing on October 13, 2025, lawmakers proposed that presidential and governorship elections should hold not later than 185 days before the expiration of incumbents’ tenure on May 29, 2027. Section 4(7) of the draft amendment states: “Elections into the office of the President and Governor of a State shall be held not later than 185 days before the expiration of the term of office of the last holder of the office.” By this calculation, elections would fall in November 2026. But without an amended law in place, and with the 360-day notice requirement still binding, the proposal is already colliding with statutory timelines. Proposed sweeping reforms The National Assembly is considering far-reaching changes, including: holding all elections in one day; mandatory electronic transmission of results; early voting for security personnel and election officials; diaspora voting; and conclusion of election disputes before swearing-in. Chairman of the House Committee on Electoral Matters, Adebayo Balogun, explained that the reforms are designed to compress litigation timelines and stabilise the electoral calendar. “To ensure that all manner of election litigations are dispensed with before the swearing in of winners, we are proposing amendment that will reduce 180 days of tribunal judgement to 90 days... which will all not exceed 185 days,” he disclosed. The draft bill also proposes early voting: “There shall be a date set aside for early voting not later than 14 days to the day of the election.” Section 60(5) further mandates electronic transmission of results and prescribes penalties for electoral misconduct by officials. Stakeholders’ consensus, Senate’s setback Stakeholders at the public hearing, including INEC representative, Professor Abdullahi Zuru, aligned with the joint committee’s proposals. However, the legislative process suffered a setback when the bill failed to scale second reading before the public hearing, contrary to parliamentary procedure. Presenting the lead debate, Chairman of the Senate Committee on Electoral Matters, Senator Simon Lalong, warned that Nigeria’s electoral system requires urgent and comprehensive reform. He said:“If we get it right, we will restore public trust... If we falter, we risk perpetuating a cycle of contested elections, judicial overload, and declining voter confidence.” Eventually, the Senate stood down consideration of the bill on the motion of Senator Bamidele, seconded by Minority Leader, Senator Abba Moro. Presidency’s reassurance, public doubt Special Adviser to Senate President Godswill Akpabio, Dr. Monday Ubani, SAN, expressed optimism that the bill would be concluded in time, saying: “The House of Representatives has passed their version. What Nigerians are waiting for now is the Senate... Once they resume, they will certainly pass it.” However, with deadlines closing in and proposed timelines already threatened, Nigeria’s electoral reform process is now racing against time. For INEC, political parties and voters, the unresolved Electoral Act amendment is no longer just a legislative delay, it is a looming test of Nigeria’s preparedness for the 2027 elections.