Nigeria's Electoral Act 2026 Faces Criticism Over Vote Transmission and Forgery Clauses

Nigeria's Electoral Act 2026, enacted to strengthen the integrity of the upcoming 2027 general elections, is facing significant scrutiny from electoral experts over several contentious provisions. While the Act represents an amendment to previous electoral laws, stakeholders argue that lingering ambiguities could jeopardize the electoral process.

Key concerns center on the Act's provisions regarding the electronic transmission of votes. Former Chairman of the Independent National Electoral Commission (INEC), Attahiru Jega, and former Akwa Ibom State Resident Electoral Commissioner, Mike Igini, have pointed to Section 63(3) concerning the electronic transmission of results. They warn that the allowance for reliance on manual transmission via Form EC8A when electronic transmission fails creates a "landmine" that can be exploited to manipulate results.

"Given what we know about the Nigerian environment and the desperation for do-or-die position, there shouldn’t be such a vague provision, which would be used to truncate the electoral transmission in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit," Jega stated, emphasizing the risks in a country prone to intense political competition.

Furthermore, Section 138 of the Act, which reportedly removes certificate forgery as an offense, has drawn sharp criticism. Both Jega and Igini argue that this provision contradicts the 1999 Constitution, which disqualifies candidates presenting forged certificates. They contend that removing this crucial check on criminality will erode the moral fabric of society and the leadership selection process. Premium Times advises the National Assembly to reconsider these "bizarre contrivances" before the elections.

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