Consensus and Candidate Nomination under the Electoral Act 2026
by Okoi Obono-Obla
The Electoral Act 2026 came into force about three weeks ago when the President assented to it following its passage into law. This Act repeals the Electoral Act 2022 and establishes the Electoral Act 2026 to regulate the conduct of elections at the Federal, State, and Area Council levels in the Federal Capital Territory, Abuja.
Although many provisions in the new Act are identical or similar to those in previous Acts, several novel provisions have been introduced that were absent from earlier legislation. In this essay, I intend to examine some of these innovations, particularly those relevant to the conduct of primary elections by political parties in selecting candidates to represent them in the forthcoming presidential, governorship, National Assembly, and State Assembly elections scheduled for 16 January 2027 and 6 February 2027, respectively.
Under the Electoral Act 2022, political parties could conduct primary elections for the nomination of candidates using three methods: direct, indirect, and consensus. However, the Electoral Act 2026 has streamlined this process, providing only two methods for candidate nomination: direct primaries and consensus.
It is clear that sections 84, 85, 86, and 88 of the Electoral Act are very germane to the process of candidate nomination by political parties for the 2027 general elections. Their summarized provisions are as follows:
– Section 84 – Political Party Primaries
– Regulates how parties nominate candidates.
– Allows only direct primaries and consensus (removing indirect delegate primaries).
– Sets timelines for submission of candidates to INEC.
– Section 85 – Notice of Primaries
– Parties must give INEC advance notice before conducting primaries.
– Specifies minimum days required for notification.
– Section 86 – Monitoring of Political Parties
– INEC empowered to monitor party primaries and internal elections.
– Ensures compliance with democratic principles and transparency.
– Section 88 – Election Expenses
– Sets ceilings for campaign spending by candidates and parties.
– Introduces stricter reporting requirements and penalties for overspending.
One might assume that the consensus procedure, provided as one of the methods for candidate nomination, offers political parties an easy way out. However, this is far from the case. Achieving consensus among politicians is notoriously difficult, particularly when multiple aspirants passionately desire the same position. For consensus to be valid, all aspirants must agree to withdraw voluntarily and endorse the chosen candidate. If even one aspirant refuses, the entire consensus arrangement collapses, and the process reverts to square one.
It is therefore not surprising that section 87 of the Electoral Act stipulates that a political party adopting consensus must secure the consent of all cleared aspirants for the position. This requires each aspirant to formally withdraw from the race and endorse the consensus candidate. Clearly, consensus is not a “tea party.” Political parties wishing to adopt this method must work diligently, often relying on skilled negotiators and mediators to navigate the complex challenges posed by section 87.
Conclusion:
The Electoral Act 2026 introduces significant reforms to the nomination process, particularly by narrowing the methods to direct primaries and consensus. While consensus may appear attractive, its practical application is fraught with challenges that demand careful negotiation and unity among aspirants. Ultimately, the Act underscores the importance of transparency, inclusivity, and discipline in the democratic process, ensuring that candidate selection reflects both party cohesion and the will of the people.
@ Okoi Obono-Obla
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