Nigeria’s Electoral Act 2026 is facing mounting scrutiny just months after it was signed into law, with civil society groups, legal experts, and opposition figures urging urgent amendments to address what they describe as “dangerous ambiguities” ahead of the 2027 general elections.
President Bola Ahmed Tinubu assented to the revised law in February, introducing provisions that mandate the electronic transmission of polling unit results to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IReV). The move was widely seen as an attempt to improve transparency and restore public confidence in Nigeria’s electoral process.
However, fresh concerns have emerged over the wording of certain sections, particularly Section 60(3), which critics argue leaves room for conflicting interpretations during election-day operations.
Conflicting Interpretations Raise Alarm
At the center of the debate is a clause that prioritizes the use of physical result sheets, Form EC8A, when there is a failure in electronic transmission. While the provision appears to offer a practical fallback in areas with poor network coverage, legal analysts say its vague phrasing could open the door to manipulation.
The Independent Judicial Accountability Panel, chaired by Professor Mojeed Owoade, has flagged the issue as a potential loophole that could be exploited during collation.
“The language is not as precise as it should be for a law of this importance,” Owoade said in a recent briefing. “In situations where both electronic and manual processes are referenced, clarity is critical to prevent disputes and ensure uniform application.”
Civil Society, Opposition Demand Clarity
Civil society organisations and opposition parties have joined the call for amendments, warning that the current wording may undermine the very transparency the law seeks to guarantee.
According to several advocacy groups, the absence of a clear hierarchy between electronic uploads and physical documentation could lead to disputes over which result should be considered final in the event of discrepancies.
“This is not just a legal technicality, it has real implications for electoral integrity,” said one election observer group in a statement. “If results can be contested based on ambiguous provisions, it weakens trust in the entire process.”
Supporters Cite Practical Realities
Despite the criticism, some stakeholders have defended the Act, arguing that it reflects the realities of Nigeria’s infrastructure, particularly in rural and hard-to-reach areas where internet connectivity remains unreliable.
Supporters say the dual approach, combining electronic transmission with manual backups, is necessary to ensure that voting is not disrupted in such locations.
“A rigid system that depends solely on electronic transmission could disenfranchise voters in areas with poor connectivity,” a senior electoral official noted. “The law tries to strike a balance, even if the wording needs refinement.”
Pressure Mounts Ahead of 2027 Elections
With the next general elections less than two years away, pressure is building on lawmakers to revisit the contentious sections and provide clearer guidance on the use of technology in result transmission.
Analysts warn that failure to address these concerns early could lead to legal battles, delayed results, and renewed public skepticism about the credibility of Nigeria’s elections.
For now, the debate underscores a broader challenge: how to modernize the electoral process while ensuring that legal frameworks are precise enough to withstand political and judicial scrutiny.
As stakeholders continue to push for reforms, the coming months are likely to determine whether the Electoral Act 2026 becomes a tool for strengthening democracy, or a source of fresh controversy.