Electoral Act 2026: Commitments, Advancements, and Ongoing Obstacles

Australia Aigbe notes that electoral laws form the foundation of democratic governance, establishing the rules of political competition, shaping institutional accountability, and ultimately determining whether elections reflect the will of the people, with the Electoral Act 2026 being a major legislative milestone that repeals the Electoral Act 2022.

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This new act introduces a revised framework to regulate federal, state, and Area Council elections, reflecting an attempt to consolidate reform gains, address procedural weaknesses, and respond to evolving political and technological realities, carrying both promise and potential pitfalls.

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The Electoral Act 2026 is a significant development, as it aims to regulate federal, state, and Area Council elections, and its provisions, particularly Section 60(3), have become central to debates about electoral credibility ahead of Nigeria’s 2027 general elections.

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Section 60(3) of the Act should explicitly outline contingency plans for technological failures, reassuring stakeholders that election integrity remains protected even if electronic transmission encounters issues, thereby strengthening confidence in the process, and addressing concerns arising from the 2023 presidential election.

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The 2023 presidential election altered the psychological landscape of electoral trust, as voters had been assured that electronic uploads to the INEC Results Viewing, IReV, portal would serve as a real-time safeguard, but when uploads were delayed or inconsistent, confidence eroded sharply.

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Despite physical forms being legally collated, the gap between public expectation and institutional performance raised suspicion, highlighting the importance of perception in the electoral process, and the need for the Act to specify the roles and responsibilities of electoral officials in managing the hybrid system.

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The Act should specify the roles and responsibilities of electoral officials in managing the hybrid system, including procedures for verifying electronic uploads and physical forms, to improve operational clarity and accountability for stakeholders, and address concerns about electoral credibility.

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If electronic transmission works seamlessly in 2027, Section 60(3) could restore trust damaged in 2023, as instant uploads would allow citizens, observers, and parties to verify polling unit results independently, making transparency visible and immediate.

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In such a scenario, the primacy of Form EC8A would operate quietly in the background as a safeguard rather than a source of controversy, and the Act would advance reform in areas like continuous voter registration and disaggregated disability data, fostering hope and confidence in Nigeria’s path toward a more inclusive democracy.

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However, the risks are significant, as delays or failures in uploading results, whether due to connectivity issues, cyber threats, operational errors, or deliberate interference, could once again erode trust, and critics would point to the primacy of Form EC8A as proof that transparency is cosmetic.

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This tension underscores the credibility challenge, as the hybrid design may fuel distrust if the electronic component underperforms, and litigation is another concern, as Section 60(3) clarifies that transmission must occur after Form EC8A is completed.

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Still, if electronic uploads differ from physical forms due to scanning errors or data corruption, tribunals will face difficult evidentiary disputes, and courts are likely to prioritise physical forms, which is legally coherent but may deepen public scepticism if electronic records appear inconsistent.

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Effective communication will be crucial, as transparent, detailed updates will empower stakeholders to trust the process and stay informed during disruptions, and prioritising cybersecurity safeguards will reassure stakeholders that the electoral process remains credible and protected against threats.

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Section 60(3) transforms electronic transmission from a discretionary innovation into a statutory expectation, elevating both its promise and its risk, and if implemented effectively, it could mark a turning point in Nigeria’s democratic consolidation by demonstrating that technological transparency can coexist with legal certainty.

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If undermined by repeated glitches, however, it may reinforce narratives that reform is cosmetic rather than substantive, and the lead-up to the 2027 elections will serve as a referendum on Section 60(3), with the physical Form EC8A remaining the legal anchor.

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Public legitimacy will hinge on whether electronic transmission is timely, consistent, and transparently managed, and in a context shaped by the memory of 2023, credibility will depend less on what the law permits and more on what the electorate sees and experiences in real time.

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Section 60(3) embodies this dual challenge, as it must function both as a legal safeguard and as a visible instrument of trust, and for Nigeria’s democracy to advance, both elements must go hand in hand, with neither allowed to overshadow the other.