Electoral Act 2026: NASS imposes jail terms on erring RECs, mandates E-Transmission, grants INEC financial autonomy
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Electoral Act 2026: NASS imposes jail terms on erring RECs, mandates E-Transmission, grants INEC financial autonomy

By Advocate | February 23, 2026 | 5 min read |

The National Assembly has unveiled sweeping reforms under the newly enacted Electoral Act, 2026, introducing stiff penalties for electoral misconduct, mandating electronic transmission of results, and establishing a dedicated fund to guarantee the financial autonomy of the Independent National Electoral Commission (INEC) ahead of the 2027 general elections.

Leader of the Senate, Opeyemi Bamidele, disclosed the key provisions on Sunday in a statement issued in Abuja, describing the legislation as a major recalibration of Nigeria’s electoral governance framework.

He said, “The new electoral governance framework equally mandates the INEC to deploy a Bimodal Voters Accreditation System; recommend two-year jail imprisonment for the Resident Electoral Commissioner (REC) who withholds vital documents; establish an electronic register of voters and review campaign funds upward for different elective offices.”

Among the most consequential changes is Section 74(1), which compels any REC to release certified true copies of requested electoral documents within 24 hours of payment, with failure attracting a minimum imprisonment of two years without the option of a fine.

Section 60(3) makes electronic transmission of polling unit results to the INEC Result Viewing Portal (IREV) mandatory, while Section 60(6) prescribes “a six-month imprisonment or a fine of N500,000 or both against any presiding officer who willfully frustrates the electronic transmission of election results.”

Bamidele said, “This provision is consistent with the public demands. It also stipulates another measure of consequence if any presiding officer refuses to electronically transmit the results from each polling unit to IREV.

“We must equally understand that iRev is not a collation platform. It was designed to enhance transparency in our electoral process. An electronic collating system is a project that requires its own planning.”

The law conditionally permits a fallback to manually signed Form EC8A where electronic transmission fails due to communication challenges, as prescribed by INEC guidelines.

To reinforce institutional independence, Section 3 establishes a dedicated electoral fund for INEC, mandating that election funds be released at least six months before any general election. The provision is expected to enhance operational stability, administrative continuity, and quicker corrective interventions by the commission.

 

Bamidele noted that the framework is “designed to strengthen institutional independence, enhance transparency in election management, improve technological integration, and reinforce accountability mechanisms in the country’s electoral system.”

 

The legislation also addresses persistent post-election disputes. Section 72(2) provides that a certified true copy of a court order shall suffice for the swearing-in of candidates declared winners by the courts where INEC fails or neglects to issue certificates of return.

Under Section 125(1-2), penalties for vote-buying, impersonation, and result manipulation have been stiffened, prescribing “a two-year imprisonment or a fine ranging between N500,000 and N2m both upon conviction.”

In a significant shift in party processes, the Act phases out indirect primaries. Section 84(1-2) retains only direct and consensus primaries, a move lawmakers say will broaden participation and curb delegate monetisation.

Section 77(1-7) mandates political parties to maintain a digital register of members, issue membership cards, and submit updated registers to INEC at least 21 days before primaries, congresses, or conventions.

A political party “shall not use any other register for party primaries, congresses and conventions than the register submitted to the INEC.

“Besides, any political party that fails to submit the membership register within the stipulated time shall not be eligible to field a candidate for that election.

“These are indeed consequential restraint measures that will deepen internal democracy and reduce the monetisation of politics in the country,” Bamidele said.

The Act also revises campaign spending limits under Section 92(1-8).

Bamidele said, “The presidential spending cap has been raised from N5bn to N10bn; governorship from N1bn to N3bn; Senate from N500m to N1bn; House of Representatives from N70m to N250m; House of Assembly from N30m to N100m; Area Council from N30m to N60m; and councillorship from N5m to N10m.”

Other provisions include gender-sensitive queue arrangements where cultural norms require separation, expanded support for persons with visual impairment, and a N10m fine for political parties that fail to submit accurate audited returns within stipulated timelines.

Defending the speed of presidential assent, Bamidele stated: “The making of the new regime is a collective work that involves nearly all critical stakeholders. The National Assembly worked with such different stakeholders as OAGF, CSOs, INEC and our development partners, among others, before we eventually completed the process.

“As we were making progress, the stakeholders too were making their input, and all the inputs were incorporated in the Act.

“In view of the time constraint we are facing now, I do not believe the Executive requires days or weeks to review it before assent since we all contributed to it. Its outcome is not a unilateral effort of the parliament, but of Nigerians at large.”

Summing up the impact of the reforms, the Senate leader declared: “The Electoral Act, 2026, represents a consolidation and refinement of the country’s electoral governance framework. In all, the Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria.

“The Act emphasises financial and operational independence of INEC; technological integration with procedural safeguards; transparency in collation and declaration; stricter penalties for electoral offences and stronger regulation of political parties.”

 

Cued: THE PUNCH

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