Understanding Electoral Act 2026

Another significant amendment concerns voter identification and registration. The Act recognises additional forms of identification for the purpose of voter registration, including birth certificates, Nigerian passports and the National Identification Number. This expands beyond the previous strict reliance on specific identification documents.

The implication is that the law now adopts a more inclusive approach to enfranchisement, potentially reducing the number of otherwise eligible citizens who are excluded from the voter register due to documentation constraints. In a country where identity management has historically posed challenges, this provision may significantly widen participation in the electoral process.

Closely related to this is the introduction of downloadable voter cards from INEC’s official platform. By permitting voters to download their voter cards, the Act attempts to address the long-standing issue of uncollected Permanent Voter Cards, which, in previous election cycles, contributed to widespread disenfranchisement.

The implication is that voter access is technologically enhanced, and administrative bottlenecks associated with physical collection may be reduced. However, the success of this innovation will depend on cybersecurity safeguards, digital literacy levels and the robustness of INEC’s technological infrastructure.

The Act also revises the timelines for submission and publication of candidates’ lists. Political parties are now required to submit their list of candidates not later than one hundred and twenty days before the election, instead of the former one hundred and eighty days.

In addition, INEC is mandated to publish the final list of candidates at least sixty days before the election, as opposed to the previous one hundred and fifty days.

The implication is that political parties must now conduct their primaries and resolve internal disputes within a significantly shorter timeframe, while INEC must equally manage pre-election processes under compressed statutory deadlines.

This may reduce prolonged pre-election litigation but could also intensify internal party conflicts if not properly managed.

With respect to electronic transmission of results, the 2026 Act continues to recognise the use of technology in election result management, including transmission to INEC’s result viewing portal.

However, the law clarifies the hierarchy between electronically transmitted results and the manually completed result forms at the polling unit. Where electronic transmission fails or is disputed, the physical result sheet remains central to collation and declaration.

The implication being that while electronic transmission is retained as part of the electoral architecture, it is not elevated above the statutory primacy of the manually completed result form.

This provision attempts to balance technological innovation with legal certainty, though debates may persist regarding transparency and real-time accountability.

The mode of party primaries has equally undergone modification. The Act recognises direct primaries and consensus arrangements as lawful methods for the nomination of candidates, effectively eliminating indirect primaries from the statutory framework.

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The implication is that internal party democracy may experience structural changes, as party members are granted a more direct role in candidate selection or parties adopt consensus procedures subject to statutory safeguards.

This may alter existing power dynamics within political parties and potentially reduce the influence of delegate-based systems, which had often been criticised for monetisation and elite capture.

Furthermore, the Act strengthens certain penalties for electoral offences, including unlawful possession or misuse of voter identification materials. By increasing monetary fines and retaining custodial sanctions for serious infractions, the legislature signals a continued commitment to deterrence.

The implication being that electoral malpractice is intended to attract more severe financial consequences, although the real test will lie in enforcement, investigation and prosecution, which historically have remained weak points in Nigeria’s electoral justice system.

In sum, the Electoral (Repeal and Reenactment) Act, 2026, represents a recalibration rather than a wholesale reinvention of Nigeria’s electoral framework. It refines timelines, broadens voter inclusion, restructures party nomination procedures and clarifies the role of technology in result management.

Whether these reforms will translate into more credible, transparent and peaceful elections in 2027 will depend not merely on the text of the law but on faithful implementation by INEC, compliance by political parties, vigilance by civil society and firm adjudication by the courts.

The law has been enacted, but its democratic promise will ultimately be measured in practice.

•Dr Shittu is a leading prosecutor and Senior Advocate of Nigeria.