The Electoral Act 2026 has introduced sweeping changes to Nigeria’s electoral process, including new rules on party primaries, membership registers, and the role of courts in election disputes.
On February 18, President Bola Tinubu signed the Electoral
Act amendment bill into law after the national assembly passed it.
The new law supersedes the Electoral Act 2022 and introduces
provisions that significantly alter the way political parties nominate
candidates and manage their internal affairs.
Here are some highlights of the new provisions in the
Electoral Act 2026.
NO DELEGATE VOTING DURING PRIMARIES
Section 84(2) of the new law states that the procedure for
nominating candidates by political parties for elective positions shall be by
direct primaries or consensus.
The provision effectively abolishes the delegate voting
previously adopted by most political parties, in which aspirants often offer
cash or material benefits to influence votes at congresses and conventions.
Under the new arrangement, candidates must emerge either
through direct voting by party members or consensus agreed upon by party
stakeholders.
The change is expected to expand participation in the
candidate selection process while reducing the influence of delegate blocs
during primaries.
COURTS CAN’T STOP PRIMARIES OR ELECTIONS
Another major provision of the law restricts the courts from
halting electoral processes.
Section 88(4) stipulates that nothing in the Act empowers
the courts to stop party primaries or general elections from holding pending
the determination of a suit.
The provision means that litigation filed before elections
cannot stop the conduct of primaries or the major elections.
Legal challenges arising from such processes are expected to
be resolved after the electoral exercise has taken place.
PARTIES MUST KEEP A DIGITAL MEMBERSHIP REGISTER
The Act also introduces stricter requirements for the
documentation of political party membership.
Section 77(2) mandates every political party to maintain a
digital register of its members containing the name, sex, date of birth,
address, state, local government, ward, polling unit, national identification
number, and photograph of each member in both hard and soft copies.
The law further requires that the register must be submitted
to the Independent National Electoral Commission (INEC) at least 21 days before
party primaries, congresses, or conventions.
According to the Act, only members whose names appear in the
register will be eligible to vote or contest in party primaries.
The law also states that any party that fails to submit the
membership register within the stipulated time will not be allowed to field
candidates for that election.
DEFECTING BEFORE PRIMARIES IS NOW HARDER
The new requirement is expected to make last-minute
defections between political parties more difficult.
Since the law requires parties to submit membership
registers 21 days before primaries, politicians who defect shortly before
primaries may not be eligible to contest for tickets in their new parties.
The provision contrasts with the 2022 electoral cycle, when
several politicians changed parties shortly before primaries.
For instance, Peter Obi left the Peoples Democratic Party
(PDP) for the Labour Party (LP) in May 2022 and still secured the party’s
presidential ticket the same month.
Under the new law, such a move may be practically impossible
unless the aspirant’s name already appears in the membership register submitted
to INEC.
POLITICAL PARTIES NOW CORPORATE BODIES
The law also clarifies the legal status of political parties
in Nigeria.
Section 77(1) states that every political party registered
under the Act shall be a corporate body with perpetual succession and a common
seal and may sue or be sued in its corporate name.
The provision strengthens the legal identity of political
parties and places additional responsibilities on them regarding governance and
compliance with electoral regulations.
VOTE-BUYING PENALTY INCLUDES 10-YEAR BAN FROM RUNNING FOR
ELECTION
Section 22 of the law criminalises practices that undermine
the credibility of elections, particularly the trading of permanent voter cards
(PVCs) and vote buying.
Under the section, any person who is in unlawful possession
of a voter’s card that does not belong to them, or who sells, attempts to sell,
buys, or offers to buy a voter’s card or votes — whether on their own behalf or
on behalf of another person — commits an offence.
Upon conviction, the person is liable to a fine of not less
than N5 million or imprisonment for up to two years, or both, and shall be
ineligible to contest elections in Nigeria for a period of at least 10 years.
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