Civil society groups criticize rushed passage of Nigeria’s new electoral law, flagging transparency gaps and technical ambiguities that could undermine election credibility.
A coalition of leading civil society organisations (CSOs) has sharply criticized the recently signed Electoral Act 2026, describing it as a “missed opportunity for transformative reform” and warning that unresolved loopholes could undermine the credibility of the 2027 general elections.
At a press briefing on Thursday, hours after President Bola Tinubu signed the bill into law, the coalition—including the Centre for Media and Society (CEMESO), The Kukah Center, International Press Centre (IPC), ElectHer, Nigerian Women Trust Fund, The Albino Foundation (TAF Africa), and Yiaga Africa—faulted both the substance of the law and the opaque manner in which it was passed by the National Assembly.
While acknowledging the repeal of the 2022 Electoral Act, the CSOs criticized the law’s rapid enactment, claiming legislators adopted the final version by voice vote without reviewing the consolidated text. Some lawmakers reportedly admitted voting based on leadership assurances rather than the legislation itself, a move described as a violation of informed legislative consent.
Jake Epelle, founder of The Albino Foundation, read the coalition’s statement:
“Electoral law is the architecture of democratic competition. Its legitimacy depends not only on its content but also on the transparency and credibility of the process through which it is enacted.”
The CSOs expressed concern over last-minute amendments, including critical provisions on real-time electronic transmission of results, inserted without debate or public notice. They accused the Presidency of prioritizing political expediency over electoral integrity by assenting to a law with “credible legal, technical, and democratic concerns.”
Despite these criticisms, the coalition acknowledged positive elements of the new Act, including:
Downloadable voter cards (Section 18): Reducing disenfranchisement by allowing voters to obtain cards online.
Disability-inclusive register (Section 9): Aligning voter data collection with UN disability rights standards.
Stronger anti-fraud sanctions (Sections 62 & 71): Mandatory minimum 10-year imprisonment for returning officers falsifying results, and three years for presiding officers failing to sign result sheets.
However, key vulnerabilities remain. Section 60(3) permits electronic transmission of results but defaults to physical forms if communication fails, leaving room for manipulation without independent verification. Section 65 restricts result reviews to INEC alone, barring parties, candidates, or observers even when evidence exists.
Other contentious provisions include the ₦50 million party registration fee, criticized for sidelining youth-led movements, and Section 84’s restrictions on party primaries, which may increase susceptibility to elite influence and vote-buying.
Looking ahead to 2027, the CSOs called for urgent action:
INEC should publish a revised election timetable in line with the new 300-day notice requirement.
Detailed regulations must clarify electronic transmission failures and party primaries.
A nationwide simulation of the IReV system should be conducted with independent observers, documenting connectivity gaps and vulnerabilities.
The final signed version of the Electoral Act 2026 must be publicly released to ensure transparency and legal clarity.
"While the Electoral Act 2026 is imperfect, it is now the legal framework for the 2027 elections," the coalition concluded.
“It is our responsibility as citizens, media, and civil society to ensure these elections are credible, transparent, inclusive, and reflective of the Nigerian people’s will.”
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