Electoral Act 2026 Has Gaps That Could Threaten Democracy — Former INEC Commissioner

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A former electoral commissioner and Professor of Political Science, Okechukwu Ibeanu, has warned that despite recent amendments, Nigeria’s Electoral Act 2026 still contains loopholes capable of undermining the country’s democratic process.

Ibeanu raised the concern while delivering a keynote address at a Citizens’ Townhall policy dialogue on electoral reforms held in Abuja, where he urged Nigerians to take greater ownership of democracy beyond reliance on legislation.

According to him, Nigerians tend to place excessive faith in laws as the ultimate solution to electoral problems, noting that legal reforms alone, without corresponding institutional strength and civic vigilance, may fail to deliver credible elections.

“I think there are still gaps and loopholes in the law. It is unfortunate that we had to debate a proviso before agreeing that electronic transmission was already provided for in the 2022 Act. In effect, we have taken ourselves back to debates we had as far back as 2018,” he said.

Ibeanu criticised the frequent tinkering with Nigeria’s electoral framework, arguing that amendments are often handled by politicians—the very actors the law is designed to regulate.

“We behave as if the electoral law holds all the answers to our problems. More troubling is the fact that we hand over the process of amending the Act to politicians, who may approach it from the lens of political advantage,” he noted.

Frequent Amendments Raise Concerns

The former commissioner said Nigeria’s electoral law has been repealed and re-enacted several times, alongside numerous amendments, a trend he described as unhealthy for democratic stability.

“Amendment and repeal of the law should be its medicine, not its daily bread,” he warned, adding that constant changes risk turning electoral reforms into instruments of political calculation rather than safeguards for voters’ rights.

He further cautioned against excessive regulatory control of political parties by the electoral body, warning that such an approach, if unchecked, could resemble authoritarian oversight rather than democratic regulation.

Emphasising civic responsibility, Ibeanu urged citizens to play a more active role in protecting their votes and holding elected leaders accountable.

“Citizens, this is about you. It is not about politicians; it is not about Independent National Electoral Commission. Unless citizens can protect their votes and control those who claim to represent them, the dream of a truly democratic country will remain an illusion,” he said.

He also called for a thorough review of specific sections of the Electoral Act, including Sections 50, 60 and 62, and urged the electoral commission to issue clearer regulations and guidelines to eliminate ambiguities.

Electoral Act 2026

Nigeria recently overhauled its electoral framework after President Bola Tinubu signed the Electoral Act 2026 into law on February 18, 2026, replacing the 2022 legislation ahead of the 2027 general elections.

Key provisions of the new law include mandatory electronic transmission of results, formal recognition of the Bimodal Voter Accreditation System (BVAS), revised timelines for election notices and candidate nominations, updated procedures for party primaries, and earlier release of funds to the electoral commission.

While the reforms are intended to enhance transparency and efficiency, opposition parties and civil society organisations have raised concerns that some discretionary powers granted to electoral officials—particularly during technical failures—could weaken accountability if not carefully regulated.