INEC Resident Electoral Commissioners Risk Two-Year Jail Term Under Sweeping Electoral Reforms
The National Assembly has introduced comprehensive reforms in the newly enacted Electoral Act, 2026, featuring a mandatory two-year prison sentence for any Resident Electoral Commissioner (REC) who withholds critical electoral documents. This landmark legislation establishes a dedicated fund to guarantee the financial autonomy of the Independent National Electoral Commission (INEC) ahead of the 2027 general election, marking a significant step toward strengthening Nigeria's democratic processes.
Legislative Background and Political Context
Senate Leader Opeyemi Bamidele highlighted these reforms in Abuja on Sunday, February 22, describing the new legislation as the product of two years of extensive consultations and legislative engagement. The law emerges amid criticism from opposition parties, who argue that certain provisions relating to party primaries, campaign financing, and election timelines favor the ruling All Progressives Congress (APC). However, both the Presidency and the APC have defended the amendments as necessary measures to enhance electoral integrity and deepen democratic foundations.
Bamidele emphasized that the new framework contains substantial improvements, including mandatory deployment of the Bimodal Voter Accreditation System (BVAS), upward review of campaign spending limits, and stricter penalties for electoral offences. The Electoral Bill 2026 was harmonized by both chambers of the National Assembly, particularly addressing contentious provisions such as Clause 60(3), before transmission to President Bola Tinubu for assent. Remarkably, the President signed the bill into law within 24 hours of its passage.
Key Provisions and Anti-Impurity Measures
Despite concerns raised by some civil society groups regarding the speed of assent, Senate leadership insisted the process was inclusive, involving stakeholders such as the Office of the Accountant-General of the Federation, civil society organizations, INEC, and development partners. A pivotal feature of the new Act is the creation of a dedicated fund under Section 3 to ensure INEC's financial and operational independence, mandating that election funds must be released at least six months before a general election.
Section 60(3) makes electronic transmission of results to INEC's Result Viewing Portal (IReV) compulsory, while Section 60(6) stipulates that any presiding officer who deliberately frustrates electronic transmission faces six months' imprisonment, a fine of N500,000, or both. The law clarifies that IReV serves as a transparency tool rather than a collation platform, allowing conditional resort to Form EC8A where electronic transmission fails due to communication challenges, as prescribed by INEC.
In a major anti-impunity measure, Section 74(1) requires a REC to release a certified true copy of requested documents within 24 hours after payment, with failure to comply attracting a minimum two-year jail term without the option of a fine. Similarly, Section 72(2) provides that a certified true copy of a court judgment is sufficient for swearing in a candidate declared winner by a court, where INEC fails to issue a certificate of return.
Enhanced Penalties and Structural Changes
The Act significantly stiffens penalties for electoral offences, with vote-buying, impersonation, and result manipulation now punishable by a two-year jail term or fines ranging from N500,000 to N2 million upon conviction. Unlike the repealed 2022 Electoral Act, the new legislation abolishes indirect primaries, retaining only direct and consensus primaries to broaden participation and reduce monetization of party delegates.
Political parties are now required to maintain digital membership registers, issue membership cards, and submit updated registers to INEC at least 21 days before primaries, congresses, or conventions. Failure to comply disqualifies the party from fielding candidates in the affected election, ensuring greater accountability and transparency in party operations.
Revised Campaign Spending Limits and Additional Provisions
Campaign spending limits have been revised upward across all electoral levels. The presidential cap increases from N5 billion to N10 billion; governorship from N1 billion to N3 billion; Senate from N500 million to N1 billion; House of Representatives from N70 million to N250 million; House of Assembly from N30 million to N100 million; Area Council from N30 million to N60 million; and councillorship from N5 million to N10 million.
Additional provisions include gender-sensitive queue arrangements where cultural practices require separation, support mechanisms for persons with visual impairment, and a N10 million fine for political parties that fail to submit accurate audited financial returns within the stipulated period. Bamidele concluded that the Electoral Act, 2026, consolidates and refines Nigeria's electoral governance framework, strengthening transparency, technological integration, accountability, and institutional independence while imposing tougher consequences for electoral misconduct.
