The Electoral Act 2026, signed into law by President Bola Tinubu on February 18, introduces sweeping reforms to Nigeria's electoral process. Here are the most important provisions:
- No More Delegate Voting in Primaries: Section 84(2) abolishes the delegate system, requiring parties to nominate candidates through direct primaries (all party members vote) or consensus. This expands participation and reduces the influence of delegate blocs often targeted with cash inducements.
- Courts Cannot Stop Primaries or Elections: Section 88(4) prevents courts from halting electoral processes. Litigation filed before elections cannot stop primaries or general elections from holding, disputes are resolved after the exercise.
- Parties Must Maintain Digital Membership Registers: Section 77(2) mandates every party to keep a digital register containing members' names, NIN, photos, and polling unit details. The register must be submitted to INEC 21 days before primaries. Only registered members can vote or contest.
- Stricter Rules for Defections: The 21-day register requirement makes last-minute party switching difficult. Politicians who defect shortly before primaries cannot contest unless their names are already in the new party's submitted register, closing the loophole exploited in 2022.
- Political Parties Now Corporate Bodies: Section 77(1) grants parties legal status as corporate bodies with perpetual succession, able to sue and be sued, strengthening governance and accountability.
- 10-Year Election Ban for Vote-Buying: Section 22 criminalizes PVC trading and vote-buying. Conviction attracts:
- Fine of at least N5 million OR
- Up to 2 years imprisonment OR both
- 10-year ban from contesting any election
- Parties That Fail to Submit Registers Cannot Field Candidates: Any party that fails to submit its membership register to INEC within the stipulated time cannot field candidates for that election, a powerful enforcement mechanism.
- Consensus Candidates Require Stakeholder Agreement: Under Section 84(2), consensus candidates must be agreed upon by party stakeholders, not imposed, ensuring internal democracy even without voting.
The Electoral Act 2026 fundamentally reshapes Nigeria's electoral landscape, democratizing primaries, digitizing party registers, and imposing harsh penalties for vote-buying, while closing loopholes that allowed last-minute defections and court-driven delays.
Sources: Channels, The Cable
