Nigeria’s electoral framework has undergone notable adjustments following the introduction of the Electoral Act 2026, which introduces new rules guiding political parties, elections, and legal disputes.
President Bola Tinubu signed the amendment into law on February 18 after it was approved by the national assembly as part of efforts to reform the country’s electoral process.
The legislation replaces the Electoral Act 2022 and introduces provisions that alter how political parties select candidates and manage internal administrative procedures.
Several sections of the new law also redefine the responsibilities of political parties, the powers of courts during election periods, and penalties for electoral offences.
One of the most prominent changes concerns the method political parties must adopt when selecting candidates for elective offices.
Section 84(2) of the Electoral Act 2026 states that candidates must emerge either through direct primaries involving party members or through a consensus arrangement agreed by stakeholders.
The provision removes the delegate voting system that previously dominated most party primaries across the country.
Under the former arrangement, selected delegates voted at conventions or congresses to determine party nominees for elections.
Observers had often raised concerns that delegate systems could create opportunities for financial inducements or influence during internal party contests.
The new rule aims to expand participation by allowing broader involvement of registered party members in the nomination process.
In practical terms, aspirants seeking party tickets must now rely on the support of members rather than a limited group of delegates.
Another significant aspect of the law relates to the role of the judiciary during electoral timelines.
Section 88(4) provides that courts do not have the authority to halt party primaries or general elections while legal cases are pending.
The provision means that litigation cannot stop scheduled electoral processes from taking place.
Disputes arising from primaries or election preparations are expected to be resolved after the completion of the electoral exercise.
Lawmakers explained that the provision seeks to prevent delays that previously affected electoral timetables in Nigeria.
The Electoral Act 2026 also introduces stricter documentation requirements for political parties regarding membership records.
Section 77(2) mandates every political party to maintain a digital register containing detailed information about each member.
The register must include the member’s name, sex, date of birth, residential address, state, local government area, ward, polling unit, national identification number, and photograph.
Both electronic and hard copy versions of the register are required under the law.
Political parties are also expected to submit the register to the Independent National Electoral Commission at least 21 days before primaries, congresses, or conventions.
The provision aims to ensure transparency in party membership and improve verification during internal electoral activities.
Only individuals whose names appear in the submitted register will be allowed to vote or contest in party primaries.
Failure to comply with the submission timeline may prevent a political party from presenting candidates for the election concerned.
The introduction of this requirement may also influence political defections before party primaries.
Politicians who switch parties close to primary elections may find it difficult to secure tickets if their names do not appear in the membership register submitted earlier.
This contrasts with the 2022 electoral cycle, when several politicians changed parties shortly before primaries and still contested for tickets.
For example, Peter Obi moved from the Peoples Democratic Party to the Labour Party in May 2022 and later emerged as the party’s presidential candidate that same month.
Under the Electoral Act 2026, such a scenario would be more difficult unless the aspirant had already been listed in the party register submitted to the electoral commission.
The legislation also clarifies the legal status of political parties operating in Nigeria.
Section 77(1) states that every political party registered under the Act shall function as a corporate body.
This designation grants parties perpetual succession, a common seal, and the legal capacity to initiate or defend court actions in their corporate names.
The clarification strengthens the formal structure of parties and outlines clearer responsibilities in relation to electoral regulations.
Another area addressed by the law concerns electoral offences, particularly vote buying and the trading of permanent voter cards.
Section 22 criminalises the unlawful possession, sale, purchase, or attempted purchase of a voter’s card or vote.
The law states that anyone involved in such activities commits an offence under the Electoral Act.
Upon conviction, the offender may face a fine of not less than five million naira or imprisonment for up to two years, or both penalties.
In addition to these sanctions, the individual will be barred from contesting elections in Nigeria for a period of at least 10 years.
The provision reflects continuing efforts by lawmakers to address practices that undermine the credibility of elections.
Taken together, the Electoral Act 2026 introduces structural adjustments aimed at reshaping party primaries, strengthening electoral compliance, and addressing offences linked to the electoral process.
