The Leader of the Senate, Senator Opeyemi Bamidele, on Sunday, highlighted the creation of a dedicated fund for the Independent National Electoral Commission (INEC), mandatory electronic transmission of election results, and creation of a digital membership register by all political parties, among others, as part of key reforms in the Electoral Act, 2026.
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The new law, according to the leader, equally mandates the INEC to deploy Bimodal Voters Verification System (BVAS) for voters accreditation; recommends two-year imprisonment for the Resident Electoral Commissioner (REC) who withholds vital documents; establishes an electronic register of voters, and reviews funds for different elective offices.
The upward National Assembly had harmonised different versions of the Electoral Bill 2026 produced by its two Chambers, especially with respect to Clause 60(3); passed the bill into law and transmitted it to President Bola Ahmed Tinubu for assent to avoid a constitutional crisis that might arise in the preparations for the 2027 general elections.
Recall that Tinubu assented his signature to the bill barely 24 hours after its enactment, thereby completing the two-year process of recrafting the new regime expected to shape the 2027 polls.
Although the Civil Society Organisations (CSOs) had questioned the speed at which the bill was signed into law, the President observed that the essence of democracy was to promote conversations aimed at deepening national development, nation-building, and stability of the federation.
Contrary to insinuations in some quarters, Bamidele explained how the National Assembly sustainably engaged the CSOs, INEC, Office of the Attorney-General of the Federation (OAGF), and development partners, among others, for two consecutive years before the new electoral regime came into force.
The leader said the making of the new regime “is a collective work that involves nearly all critical stakeholders. The National Assembly worked with such different stakeholders as OAGF, CSOs, INEC, and our development partners, among others, before we eventually completed the process.
“As we were making progress, the stakeholders too were making their input, and all the inputs were incorporated in the Act. In view of the time constraint we are facing now, I do not believe the Executive requires days or weeks to review it before assent since we all contributed to it. Its outcome is not a unilateral effort of the parliament, but of Nigerians at large.”
He explained the potential of the new electoral governance framework “to obviously strengthen institutional independence; enhance transparency in election management; improve technological integration and reinforce accountability mechanisms in the country’s election management system.
Under Section 3, for instance, the senate leader pointed out that the new legislation established a dedicated fund for the INEC, which according to him, would guarantee the financial autonomy, operational stability, and administrative continuity of the commission.
With this provision alone, according to the Senate leader, INEC will operate with greater independence and quicker corrective powers. The section requires that election funds be released earlier, at least six months before the general election, and expands INEC’s powers to review questionable result declarations made under duress or procedural violations
Bamidele also cited Section 47 of the Electoral Act, which mandates all presiding officers “to use BVAS or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.”
While Section 60(3) mandates the electronic transmission of election results to the INEC Result Viewing Portal (IReV), he revealed that Section 60(6) recommends “a six-month imprisonment or a fine of N500,000 or both against any presiding officer, who willfully frustrates the electronic transmission of election results.
“This provision is consistent with the public demands. It also stipulates another measure of consequence if any presiding officer refuses to electronically transmit the results from each polling unit to IREV. We must equally understand that IREV is not a collation platform. It was designed to enhance transparency in our electoral process. An electronic collating system is a project that requires its own planning.”
However, the senate leader clarified that the new electoral governance framework conditionally permitted the resort to Form EC8A to transmit election results as prescribed by the INEC provided that the electronic transmission of election results failed due to communication failure,
The leader also pointed out Section 72(2), which recommended that a certified true copy of the order of the court “shall be sufficient for the purpose of swearing-in any candidate declared as the winner of an election by the court where the INEC fails, refuses, or neglects to issue the certificate of return.”
Section 74(1) of the Electoral Act, according to Bamidele, specifically mandates the REC to release the certified true copy of any document within 24 hours after payment has been made. The failure to comply will attract an imprisonment of a minimum term of two years without an option of fine.
Unlike the 2022 Electoral Act that had been repealed, Bamidele explained that the new regime only provided for direct and consensus primaries under Section 84 (1-2) as a means of electing candidates for elective office, thereby phasing out indirect primaries to enable broader party members to participate in the process and reduce the use of money to compromise party delegates.
But Section 77 (1-7), according to him, stipulates stringent measures that will henceforth govern and regulate the conduct of primaries and the process of electing party candidates. The section mandates each political party to maintain a digital register of its members; issue membership cards to each of them and submit such a register to the INEC 21 days before the party primaries, congresses, or conventions.
Bamidele further pointed out that a political party “shall not use any other register for party primaries, congresses, and conventions than the register submitted to the INEC. Besides, any political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election. These are indeed consequential restraint measures that will deepen internal democracy and reduce the monetisation of politics in the country.”
Furthermore, he explained that the new regime reviewed upward the election spending limit under Section 92(1-8) of the Electoral Act, raising the spending threshold for presidential poll from ₦5 billion to ₦10 billion; from ₦1 billion to ₦3 billion for the governorship; from ₦1000 million to ₦500 million for the Senate; from ₦70 million to ₦250 million for the House of Representatives; from ₦30 million to ₦100 million for the House of Assembly; from ₦30 million to ₦60 million for Area Council and from ₦5 million to ₦10 million for the councillorship poll.
Under Section 125(1-2), Bamidele explained how the new legislation stiffened measures against vote buying, impersonation, and result manipulation, recommending a two-year imprisonment for such offences or a fine ranging between ₦500,000 and ₦2 million or both upon conviction.
He highlighted how Section 49 mandated the presiding officer to separate the queue between men and women in any part of the country where culture did not permit it; Section 54 created support mechanism for persons with visual impairment and Section 93 (4) recommended a fine of ₦10 million for a political party that failed to submit an accurate audited return within the stipulated period.
Given these reforms, the Senate leader said: “The Electoral Act, 2026 represents a consolidation and refinement of the country’s electoral governance framework. In all, the Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria.
“The Act emphasises financial and operational independence of INEC; technological integration with procedural safeguards; transparency in collation and declaration; stricter penalties for electoral offences and stronger regulation of political parties.”
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