Electoral Act 2026 Holds Landmines Ahead of Nigeria's 2027 Polls

As Nigeria gears up for the 2027 general elections, a critical legal fault line within the Electoral Act 2026 threatens to undermine the integrity of the process. While the nation anticipated significant electoral reforms aimed at enhancing credibility and transparency, the Act, assented to by President Bola Tinubu on February 19, 2026, is now revealing drafting inconsistencies that could pave the way for manipulation and malpractice.

ThisDay, as a keen observer of Nigerian governance and politics, highlights the uneasy coexistence between the electronic transmission of results and the continued reliance on manual collation. Sections such as 60(3), 63(2), 65, 77, 137(3), and 138(2) are identified as particularly problematic. For instance, Section 60(3) outlines a procedure for electronic transmission that is superseded by manual collation if the electronic transmission fails, creating a loophole that could be exploited.

The concerns raised by opposition parties, civil society organizations, and public commentators, particularly their initial opposition to the Act's stance on real-time result transmission, now appear prescient. The current focus on 'politicking' rather than addressing these fundamental legal issues could prove detrimental. The Act's provisions, if left unamended, risk weakening electoral transparency and public trust, potentially tainting the outcome of the crucial 2027 elections. It is imperative that these 'landmines' within the Electoral Act are addressed proactively to ensure a credible electoral process.

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The Presiding Officer shall electronically transmit the results from each polling unit to the IREV portal and such transmission shall be done after the prescribed Form EC8A has been signed and stamped by the Presiding Officer and/or countersigned by the candidates or Polling agents where available at the Polling Unit. Provided that if the electronic transmission of the result fails as a result of communication failure and it becomes impossible to transmit the result contained in form EC8A signed and stamped by the Presiding Officer and countersigned by the candidates or polling agents where available at the polling unit, the form EC8A shall remain the primary source of collation and declaration of the result.