February 22, (THEWILL) — The public clamour for electronic transmission of election results in real time, without the proviso for manual back-up as eventually provided for by the National Assembly, overshadowed other amendments in the Electoral Act that President Bola Tinubu assented to on Wednesday, February 18, 2026.
Contained in the Electoral Bill 2025 are several other provisions designed to improve Nigeria’s election management, enhance transparency, and strengthen political accountability. The Bill responds to lessons from recent elections, operational challenges faced by the Independent National Electoral Commission (INEC), and public demands for greater credibility in the electoral process.
Among the notable inclusions is the right of eligible prisoners to vote, a first in Nigerian electoral law.
Below is a breakdown of the key amendments, according to the Policy and Advocacy Centre:
Mandated Early Release of INEC Funds (Section 3(3)
The word “shall” has been used to tighten Section 3(3), mandating that funds for general elections must be released at least six months before polling day. This will reduce operational uncertainty and addresses longstanding complaints by INEC about delayed appropriations that hampered election logistics.
Audit of INEC Funds (Section 5)
INEC is now required to submit audited financial statements within six months of the end of every financial year, improving fiscal transparency within the Commission.
Strengthened Oversight of Resident Electoral Commissioners (Section 6(2)(b)
Resident Electoral Commissioners (RECs) are now made directly accountable to INEC on matters of accountability and discipline, reinforcing a unified chain of command within the Commission.
Stricter Identification for Voter Registration (Section 10(2)(c)
Acceptable means of identification for voter registration have been limited to the National Identification Number (NIN), a Nigerian birth certificate, or a Nigerian passport.
Prisoners Can Exercise Voting Rights (Sections 12(1)(d) & 12(2)
For the first time, the Act explicitly recognises the right of eligible inmates to vote. INEC is mandated to make arrangements for their registration and participation in elections.
Tough Penalties for Electoral Malpractice (Section 22)
The Act expands the criminalisation of vote-buying and vote-selling, now punishable by a fine of N5 million (up from N500,000), two years’ imprisonment, and a 10-year ban on contesting elections.
Extended Publication Period for Candidates (Section 29(3)
INEC’s deadline to publish a candidate’s personal particulars in the relevant constituency has been extended from 7 days to 21 days after receiving them from the political party.
False Information and Candidate Disqualification (Sections 29(5)–(9)
Courts have been empowered to disqualify candidates whose affidavits contain false information regarding constitutional eligibility. The court may also disqualify the sponsoring political party. Where a party fields an unqualified candidate, it faces a fine of at least N10 million.
Withdrawal of Candidacy — Sworn Affidavit Required (Section 30)
A sworn affidavit is now an added requirement for candidate withdrawal. A candidate who wishes to withdraw must personally submit a signed written notice together with an affidavit to the political party that nominated them.
Early Verification of Party Symbols and Names (Section 42(3)
At least 60 days before an election, up from 20 days, INEC must write to every party with a candidate, inviting them to verify how their name, logo, and acronym appear on sample election materials. Each party then has two days to reply in writing, either approving or rejecting the samples.
Introduction of Digital Voter Accreditation (Section 47)
A new option has been introduced under Section 47(1)(a): an electronically generated voter identification, including a downloadable voter card with a unique QR code. Voters may now download their Permanent Voter Cards (PVCs) directly from the INEC website, in addition to the existing requirement to present themselves to the Presiding Officer for accreditation at their registered polling unit.
Transmission of Polling Unit Results (Section 60(5)
The Electoral Act 2026 makes electronic transmission of results to INEC’s IReV portal compulsory. However, if transmission fails, the physical Form EC8A takes over as the fallback. Presiding Officers are required to transmit polling unit results, including the total number of accredited voters, to the next level of collation.
Streamlined Scope of INEC’s Power to Review Results (Section 65)
Under the extant Section 65(1) of the Electoral Act 2022, a returning officer’s decision is final on questions about unmarked or rejected ballots and on the declaration or return of a candidate. The Act also empowers INEC, within seven days, to review a declaration or return if it determines the act was not voluntary, for example, if made under duress, or was contrary to the law, regulations, guidelines, or the election manual. The Act further expressly recognises that a tribunal or court may review the returning officer’s decision through an election petition.
Party Registration Fee and Membership Records (Sections 75 & 77)
The Act introduces a N50 million registration fee for new political parties. Every registered party must maintain a digital register of members in both physical and electronic form, recording each member’s name, gender, date of birth, address, state, local government, ward, polling unit, NIN, and photograph. Upon joining a party, each member must be issued a membership card (Section 77(3)). Only names appearing in the party’s submitted register will be eligible to vote or be voted for in primaries, congresses, and conventions (Section 77(5)).
Enhanced Regulation of Party Conventions (Section 82)
In addition to the existing requirement to provide at least 21 days’ notice to INEC before holding conventions, congresses, or meetings, parties must now include in that notice the date, time, venue, agenda, delegate composition, and the names of members of the congress, convention, or conference committee as provided in the party’s constitution.
Judicial Determination of Candidate Exclusion (Section 89(3)
A political party’s candidate cannot appear on the ballot if the party fails to conduct its primaries in line with the Electoral Act 2026. Aggrieved aspirants or parties must first obtain a pre-election judgment confirming non-compliance before INEC can act on the exclusion.
Higher Campaign Spending and Donation Limits (Section 93)
Spending limits for election campaigns have been significantly increased across all levels: Presidential campaigns from N5 billion to N0 billion; Governorship campaigns from N1 billion to N3 billion; Senate campaigns from N100 million to N500 million; House of Representatives campaigns from N70 million to N250 million; State House of Assembly campaigns from N30 million to N100 million; Area Council Chairmanship campaigns from N30 million to N60 million; and Councillorship campaigns from N5 million to N10 million.
Tougher Sanctions for Electoral Offences (Sections 62(9), 71(2) & 74(2)
The Act prescribes mandatory jail terms and higher fines for election-related offences including vote-buying, result falsification, and obstruction of election officials.
Under Section 62(9), any returning or collation officer who deliberately collates or declares a false election result commits an offence and must, upon conviction, serve a minimum of two years in prison. Section 74(2) prescribes a mandatory two-year jail term for any Resident Electoral Commissioner who wilfully refuses to grant lawful access to election documents. Section 71(2) imposes a three-year prison sentence on presiding or collation officers who fail to stamp and sign ballot paper result sheets without lawful reason.
The Act also creates a new offence targeting internal party corruption. Under Section 89(4), anyone who offers money or any material inducement to influence delegates during party primaries, congresses, or conventions faces a mandatory two-year jail sentence without the option of a fine.
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