By Inwalomhe Donald
The 2026 Electoral Act has generated considerable public debate over its potential implications for Nigeria’s democratic process. In my opinion, some of its provisions may pose challenges to electoral transparency, accountability and public confidence if they are not clarified or amended before the 2027 general elections.
Nigeria’s elections in 2003 and 2007 were marked by incidents of violence, intimidation and disputes over electoral credibility. Since then, successive electoral reforms have sought to strengthen the integrity of elections and improve public trust in democratic institutions. It is therefore important that any new electoral law builds on these gains rather than creates uncertainty.
In my view, Sections 63, 85, 137 and 138 of the 2026 Electoral Act deserve closer scrutiny because they could give rise to differing legal interpretations during election administration and post-election litigation. Some legal analysts and civil society stakeholders have expressed concerns that these provisions may create ambiguities capable of generating disputes if not adequately clarified.
For instance, Section 63, which deals with the counting of ballot papers, has attracted attention because it appears to grant election officials discretion in determining whether certain ballot papers should be counted. In my opinion, electoral laws should provide clear and objective standards to minimise disputes and strengthen public confidence in election outcomes.
Section 85 has also become a subject of constitutional debate. Some legal commentators have questioned whether aspects of the provision are fully consistent with relevant sections of the 1999 Constitution (as amended), particularly those relating to the qualifications and disqualifications of candidates. Where such concerns exist, they should be resolved through legislative review or judicial interpretation in accordance with the Constitution.
Similarly, Sections 137 and 138 have been criticised by some stakeholders, who argue that they may affect accountability in election administration and limit the grounds upon which election results can be challenged. Others, however, may interpret these provisions differently. This difference of opinion underscores the need for greater legal clarity.
As Nigeria prepares for the 2027 general elections, lawmakers, the Independent National Electoral Commission (INEC), political parties, civil society organisations and the judiciary should continue to engage in constructive dialogue to ensure that the Electoral Act promotes transparency, fairness and public confidence.
Nigeria’s democracy is strengthened when electoral laws are clear, transparent and widely accepted by all stakeholders. Any provisions capable of generating uncertainty should be carefully reviewed to safeguard the credibility of future elections and preserve the confidence of the electorate.This version retains the headline but reframes potentially defamatory or unsupported assertions as the author’s opinions and observations, making it more suitable for publication as an opinion piece.
Inwalomhe Donald writes via inwalomhe.donald@yahoo.com
