By Omowunmi Oladokun
Election is a democratic act that involves the act of voting in political leaders and representatives.
On 18th of February 2026, President Bola Ahmed Tinubu signed the newly amended Electoral Act 2026 into law, probably in preparation for 2027 general election. The former Electoral Act was in 2022 and this thesis contain the major content of the new Electoral Act 2026.
The Electoral Act introduced new terms that maybe referred to as Electoral reform.
Electoral reforms simply means electoral change and the responsiveness of the electoral processes and changes were reflected in the new Electoral Act of 2026. They include:
1.Qualification of aspirants and candidates: Section 85 of the Electoral Act of 2026): (was not stated in the Electoral Act of 2022, it states the power of a political party to use it’s constitution, guidelines and nomination, rules to impose additional qualifications,
“A political party shall not impose nomination, qualification or disqualification, criteria, measure or condition on any aspirant or candidate for any election, it’s constitution, guidelines or rules for nomination of candidates for election except as described under Section 65 ……”
In PPA v Saraki, (2007) 17 NWLR Pt 1064, Pg 453. The learned Judge stated that the proof of membership of a political party is ultimately for the party to determine, as stated by the Supreme Court: the right to associate under the constitution can be restricted by INEC.
2. Direct Primaries (Section 86 of the Electoral Act 2026): also not included in the Act of 2022. It states that the members of a Party have the right to vote for who they want to be the flag bearers of there party. S 84 of the same act restrict political parties to Direct Primary and not Indirect Primary:
“ all direct primaries shall be conducted in accordance with the guidelines of the political parties”
3. Consensus Candidates Section 87 of the Electoral Act of 2026) it states that a person whose position was decided by the whole political party. The Electoral Act of 2026 provides method for political parties to decide which members will emerge as the front runner while others withdraw.
“a political party that adopts a consensus Candidates shall secure the written consent of all cleared aspirants for the position indicating there voluntary withdrawal from there race and the endorsement of the consensus candidates.
ii.. Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidates, it shall revert to the choice of direct primaries for the nomination of candidates for executive position.
iii. A special convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated centre at the National, State, Senatorial, Federal and State Constituencies”
4.Misconduct and dereliction of duties 🙁 Section 124 of the Electoral Act 2026). It was stated in the Electoral Act of 2022 but slightly amended in 2026 and the new one states the consequences of falsifying election results and it’s consequences. Misconduct was added to dereliction of duties.
Section 124, Subsection 3 &4:
“ 3.any polling agent, political party, agent who conspires to make false declaration of results of an election commits an offence and is liable to conviction to a maximum of N2,000,000.00 or imprisonment for 12 months.
All dereliction of duty changed to N2,000,000.00 instead of N500,000.00 as stated in Section 120 of the Electoral Act of 2022
4. “any person who announces or publishes an election result knowing same to be false or which is at variance with the signed certificate of return commits an offence and it’s liable on conviction to imprisonment for 4 years”.
In Senator Hope Uzodinma & Anor v Retired Hon Emeka Ihedioha & 2 ors.(2020) LPELR 50260 (SC).
“The Supreme Court frowns at unlawful exclusion and manipulation of results from designated polling units..”
In conclusion, Electoral reforms are necessary for the progress of a democratic Nigeria and the changes made are a welcome relief
