Jega on electoral democracy (1)

 Former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, recently delivered a paper at the public presentation of A Collection of Essays: Readings on the Legislature by Hamalai, Ladi in Abuja. In the paper titled ‘Some Reflections on the 2026 Electoral Act and Nigeria’s Electoral Democracy,’ the ex-umpire, a leading political scientist, reviewed Nigeria’s journey in electoral democracy and dissected the 2026 Electoral Act, highlighting the key provisions as they impact on the political system.

The paper will be run in two instalments in this column as input to the national conversation on the electoral process. Body text of the presentation goes thus:

1.0 Background to the 2026 Electoral Act

•Good constitutional provisions and primary parliamentary legislation are necessary and required as the legal framework for elections in representative/electoral democracies such as Nigeria. In Nigeria, and in a few other electoral jurisdictions, such parliamentary legislation is popularly called an Electoral Act.

•As International-IDEA (2014) has noted, there are three (3) categories of electoral reforms: those that involve constructive changes in the political environment within which an EMB operates; administrative reforms, which focus on changes and improvement related to the day-to-day work of an EMB; and legal/legislative reforms, which involve constructive changes and value additions to the legality and credibility of the processes, procedures, and regulations guiding the mandate of an EMB such as INEC.

•An electoral act is a legal framework enacted by a legislature that regulates the conduct of elections, including voter registration, candidate nomination, campaign procedures, voting processes, vote counting, and the resolution of electoral disputes. It establishes the rules and procedures necessary to ensure that elections are conducted in a fair, transparent, and democratic manner (Norris, 2014).

•The 2026 Electoral Act is supposed to represent value additions to the repealed 2022 Electoral Act, aimed at strengthening transparency, enhancing internal party democracy, enhancing the use of technology in elections, and modernizing electoral administration.

•It is the expectation that a country that evolves within the liberal democratic tradition would have responsible and responsive elected, representative office holders who would nurture, entrench and institutionalize values, beliefs, and practices of good governance for their societal progress and development.

•Without doubt, electoral integrity is a foundational element for achieving broader democratic governance and ensuring that citizens have a meaningful role in shaping the political landscape of their countries. And electoral integrity is predicated on a legal framework grounded in the foundational principles of the Rule of Law.

2.0 Legislative Frameworks for Elections since 1999

Since 1999 when Nigeria returned to electoral democracy, it has witnessed seven (7) general elections with the use of legal/legislative frameworks. They are as follows:

•1999 General Elections: Presidential Election (Basic Constitutional and Transitional Provisions) Decree No. 6 of 1999 (Adopted 17/2/99)

•2003 General Elections: 1999 Constitution and Electoral Act 2002 No. 4, Laws of the Federation of Nigeria 

•2007 General Elections: 1999 Constitution; Electoral Act (Amendment) Act 2003; Electoral Act 2006; and Regulations and Guidance for the Conduct of Elections 2007.

•2011 General Elections: 1999 Constitution; Electoral Act 2010 (Updated); and INEC Regulations and Guidance for the Conduct of Elections, 2011.

•2015 General Elections: 1999 Constitution; Electoral (Amendment) Act 2010; and INEC Regulations and Guidance for the Conduct of Elections, 2015.

•2019 General Elections: 1999 Constitution, Electoral (Amendment) Act No. 2, 2010, and INEC Regulations and Guidance for the Conduct of Elections 2007.

•2023 General Elections: 1999 Constitution and Electoral Act 2022 (now repealed); and INEC Regulations and Guidance for the Conduct of Elections, 2023.

•(Forthcoming) 2027 General Elections: 1999 Constitution and 2026 Electoral Act 

Why the Electoral Act, 2026?

The 2026 Electoral Act is intended to be another value-added legal framework to regulate the preparations and conduct of the 2027 general elections in Nigeria, and hopefully subsequent general elections, with remarkable integrity. The Act contains commendable value-additions, which, if put to good use, would significantly enhance the integrity of Nigerian elections. 

Like the repealed 2022 Electoral Act, the 2026 Electoral Act seeks to strengthen internal democracy in political parties, give legal backing to the use of technology in elections, and protect INEC’s independence.

Some major provisions in the Electoral Act, 2026, are the following:

•Mandatory deployment of the Bimodal Voter Accreditation System: Section 47(2) of the Electoral Act, 2026, requires explicitly the use of the Bimodal Voter Accreditation System (BVAS) for voter accreditation at all polling units. The BVAS uses fingerprint and facial recognition to verify voter identity electronically against the voter register.

•Electronic Transmission of Results Becomes Mandatory: Section 60(3) of the Electoral Act, 2026 further makes electronic transmission of results compulsory. However, the Act creates room for hybrid, in the sense that if electronic transmission fails, the physical result sheet (EC8A) becomes the primary collation document.

•Changes to Party Primary Methods: The Electoral Act, 2026 recognizes only direct primaries and consensus candidate selection to expand participation of the electorates in the selection process. Specifically, Section 84(2) eliminates indirect primaries, restricting nomination procedures to direct primaries and consensus.

•In addition, Section 86 of the Act complements the above subsection that “all direct primaries shall be conducted in accordance with the guidelines of each political party.”

•New List of Accepted IDs for Voter Registration: Section 10(2) of the Electoral Act, 2026, also changes voter registration requirements. The list of accepted IDs is now limited to Birth Certificate, Nigerian Passport and National Identification Number (NIN), with National ID cards and Driver’s Licenses removed.

•Shorter Timeline for Submission of Candidates: The new Electoral Act in Section 29(1) also shortens political party timelines, requiring parties to submit candidate lists 120 days before elections instead of 180 days. 

•Publication of Candidate List: Similarly, the Electoral Act, 2026, in Section 32(1) states that INEC must now publish the list of candidates 60 days before elections instead of 150 days in the repealed Act.

•Campaign Spending Limit: Section 92 of the Act establishes clear and enforceable limits on campaign spending, prescribing maximum expenditure ceilings for candidates contesting various elective offices as follows:

•Presidential candidates: ₦10,000,000,000 (ten billion Naira)

•Governorship candidates: ₦3,000,000,000 (three billion Naira)

•Senatorial candidates: ₦500,000,000 (five hundred million Naira)

•House of Representatives candidates: ₦250,000,000 (two hundred and fifty million Naira)

•State House of Assembly candidates: ₦100,000,000 (one hundred million Naira)

•Area Council Chairmanship candidates: ₦100,000,000 (one hundred million Naira)

•Similarly, Section 92(8) of the Electoral Act, 2026 increases the ceiling on individual donations to ₦500,000,000.

•Digital Membership Registers: Section 77(2) (7) of the 2026 Electoral Act mandates every political party to maintain a comprehensive digital register of its members.

•In addition, Section 77 of the Electoral Act, 2026 requires that the digital register be submitted to INEC no later than 21 days before any party primaries, congresses, or conventions.

•Section 77(7) of the Electoral Act, 2026 introduces a stringent sanction for political parties that fail to comply with the requirement of submitting their digital membership registers to the Independent National Electoral Commission (INEC or the Commission) not later than 21 days before the date fixed for party primaries, congresses, or conventions.

•Removal of Courts’ Jurisdiction in Internal Affairs of Political Parties: Section 83(5) of the Electoral Act, 2026 states that “no court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

•Limited Grounds for Challenging an Election: Section 138(1) of the Electoral Act, 2026 puts a significant limitation/restriction of the grounds upon which an election may be challenged. It limits the grounds for challenging an election to (a) corrupt practices or non-compliance with the act and (b) the failure of a respondent to secure a majority of lawful votes cast. 


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