Nigeria’s newly enacted Electoral Act 2026 introduces strict penalties for Resident Electoral Commissioners who withhold vital election documents, with offenders facing a minimum two-year imprisonment without the option of a fine.
Senate Leader Opeyemi Bamidele disclosed the sanctions as part of sweeping reforms in the electoral law, which was signed by President Bola Tinubu within 24 hours of transmission after two years of consultations with stakeholders.
Under Section 74(1) of the Act, RECs are mandated to release certified true copies of any requested document within 24 hours after payment, with failure to comply attracting a minimum imprisonment of two years without the option of a fine.
The new electoral governance framework equally mandates INEC to deploy the Bimodal Voters Accreditation System (BVAS); establish an electronic register of voters; and review campaign funds upward for different elective offices.
Under Section 125(1-2), the Act stiffens penalties against vote-buying, impersonation and result manipulation, recommending two-year imprisonment or a fine ranging between N500,000 and N2 million, or both upon conviction.
Section 60(6) prescribes a six-month jail term or a fine of N500,000, or both, for any presiding officer who willfully frustrates the electronic transmission of results.
Section 3 of the new law establishes a dedicated fund for INEC to ensure financial autonomy, operational stability and administrative continuity. The provision also mandates that election funds be released at least six months before a general election.
Unlike the repealed 2022 Electoral Act, the new law phases out indirect primaries, retaining only direct and consensus primaries under Section 84(1-2) to broaden participation and curb the monetisation of party delegates.
Section 77(1-7) introduces stricter guidelines for party primaries, mandating each political party to maintain a digital membership register, issue membership cards and submit the register to INEC at least 21 days before primaries, congresses or conventions.
Bamidele emphasized that the legislation reflects extensive consultations with the Office of the Attorney-General of the Federation, INEC, civil society organizations, and development partners over two years.
“The Electoral Act, 2026, represents a consolidation and refinement of the country’s electoral governance framework. The Act seeks to enhance electoral credibility, reduce disputes, and strengthen democratic governance in Nigeria,” Bamidele stated.
The reforms are expected to guide preparations for the 2027 general elections scheduled for February 20 for presidential and National Assembly polls, and March 6 for governorship and state assembly elections.