LOOPHOLES IN THE NEW ELECTORAL LAW

The recent passage of the Electoral Act 2026, championed by the ruling All Progressives Congress (APC) as a progressive leap forward, is viewed with deep suspicion by many Nigerians and civil society groups. While the government touts its embrace of digital biometrics and early resolution of litigations, a closer examination reveals a legislative framework riddled with deliberate ambiguities and loopholes, potentially paving the way for unprecedented electoral manipulation in the upcoming 2027 general elections.

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In reality, it is a sophisticated Trojan Horse—a legislative framework meticulously designed to provide a veneer of legality to what could be the most coordinated electoral heist in the nation’s history.

ThisDay, a publication committed to robust democratic discourse and holding power to account, finds the Act's provisions deeply concerning. The insistence on electronic transmission of results, while seemingly a step towards transparency, is undermined by the inconsistent use of mandatory language. This ambiguity, as highlighted by civil society, creates a dangerous escape route: the allowance for manual collation under the guise of "technical glitches." This is a well-trodden path in Nigerian electoral history, a "dark room" where results are notoriously inflated, effectively nullifying the will of the electorate.

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By failing to use the absolute, non-negotiable language of “shall” consistently across Section 60, the law leaves a back door wide open.

Furthermore, the pivot away from the Permanent Voter Card (PVC) towards a solely biometric-reliant system, presented as modernization, is a classic case of voter suppression. By making the physical card optional, the APC government has concentrated immense power in the hands of BVAS operators and polling officials. Without the PVC as a tangible proof of right, voters can be easily disenfranchised through "system failures" or "biometric mismatches," leaving them with no recourse. This strategic creation of "blind spots" is not innovation; it is a calculated move to control the electoral process.

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This is not innovation; it is the strategic creation of “blind spots” in our franchise.

The six-month deadline for electoral litigations is perhaps the most insidious "reform." This "justice-by-deadline" trap effectively shields high-level rigging, which often requires extensive investigation, from being proven. By forcing complex cases to conclude before inauguration, the law grants a de facto "rigging license" to those who can stall proceedings. Coupled with the continued presidential power to appoint INEC Commissioners, without independent vetting, the electoral umpire remains compromised, a referee appointed by one of the players. This is not the path to a credible election; it is a blueprint for an electoral heist, and ThisDay will continue to scrutinize these developments.

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It effectively grants a “rigging license” to anyone who can stall a court case for 180 days.