Jega resonates loudly on Electoral Act underbelly

Attahiru Jega, a former Chairman of the Independent National Electoral Commission (INEC), has voiced significant concerns regarding several provisions within Nigeria's Electoral Act (Amendment) 2026. He argues that these "grey areas" necessitate urgent review to safeguard the integrity of future elections, particularly the 2027 polls.

Jega specifically pointed to Sections 60(3), 83(5), and 138(1) as particularly troubling. He warned that Section 60(3), which designates the results sheet (Form EC8A) as the primary collation document when electronic transmission fails, could be exploited for fraud. "Given what we know about the Nigerian environment and the desperation of the ‘do-or-die’ politicians, there shouldn’t be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit," he stated. This concern is amplified by the Nigerian Communications Commission's reports of over 93% network coverage and INEC's previous assurances of electronic transmission capabilities.

Furthermore, Jega questioned Section 83(5), which prevents courts from intervening in the internal affairs of political parties, arguing that some party actions might violate constitutional provisions. He also criticized Section 138(1) for removing qualification as a basis for challenging an election post-polls. Jega noted that this contradicts Section 131 of the Constitution, which sets minimum educational requirements, suggesting it could benefit individuals with questionable credentials. He urged that these sections be moderated to ensure a fair electoral process. President Bola Tinubu signed the bill into law shortly after its passage by the National Assembly.

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Given what we know about the Nigerian environment and the desperation of the ‘do-or-die’ politicians, there shouldn’t be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit.