NASS defends Electoral Act 2026, insists process was credible, inclusive

By Joseph Erunke

The House of Representatives on Thursday mounted a robust defence of the newly assented Electoral Act 2026, declaring that the law, though “imperfect,” was enacted in strict compliance with constitutional and parliamentary procedures and reflects the collective will of the National Assembly.

Speaking at a press conference convened by a coalition of civil society organisations in Abuja, the House Spokesman, Hon. Akin Rotimi, dismissed claims that the legislature ignored public opinion in adopting key provisions of the Act, particularly on electronic transmission of results.

Rotimi also expressed sympathy to protesters affected by a recent tear-gas incident at the National Assembly, describing it as regrettable and unconstitutional.

“Protesters who attend the National Assembly are entitled and constitutionally protected. It should never have happened, and we are looking into the circumstances,” he said, while urging civil society groups to guard against infiltration by “nefarious characters” during demonstrations.

Amid sharp criticism from civic groups over Section 63 and other contentious provisions, the lawmaker insisted that due process was strictly observed throughout the review of the 2022 Electoral Act, culminating in the 2026 amendment.

“Every single thing was done in keeping with the Constitution, the House Rules, and the Senate Rules,” Rotimi said.

“Democratisation is a process. What we have may be imperfect, but it was done in the best interest of Nigerians,” he added.

He stressed that the conference committee, constituted to reconcile differences between the House and Senate versions, acted within its mandate and could not introduce entirely new provisions outside matters already before both chambers.

According to him, the final wording of Section 63 was neither the original House nor Senate version but a revised formulation that responded to stakeholder feedback.

“For the first time, the law expressly mandates and recognises the IReV and electronic transmission of Form EC8A. The presiding officer shall mandatorily transmit results. Only if that fails does the manual process come in as a fallback,” he clarified.

Responding to a pointed question on why the House adopted what many perceived as the Senate’s position on electronic transmission, Rotimi explained that the conference committee process required compromise.

“It was bipartisan — APC, PDP, Labour Party, APGA, 12 members from each chamber. What emerged was new wording, not a simple adoption of one side,” he said.

He maintained that dissent on the floor, including walkouts by some lawmakers, was part of democratic practice and not evidence of procedural irregularity.

“Walking out of plenary is part of expressing dissent. But majority decision prevails. The process was credible,” he said.

Addressing concerns that the bill was assented to by President Bola Tinubu, within 24 hours of transmission to the Presidency, Rotimi argued that urgency was necessary to provide certainty in the electoral calendar.

“With electoral timelines already announced by INEC, it was important to avoid gaps that could undermine the process. Certainty is critical in electoral matters,” he said.

He welcomed calls for INEC to conduct a public simulation of its electronic transmission system ahead of the 2027 polls.

“Let’s test it, identify gaps, and fix them,” he urged.

Civil society leaders at the briefing challenged the House on several fronts, questioning whether the law truly reflects the will of Nigerians.

They expressed concern that the fallback clause in Section 63 could become the norm rather than the exception, citing Nigeria’s history of discretionary abuses.

Others criticised the imposition of a N50 million administrative fee for political party registration, arguing it could stifle youth participation and restrict freedom of association in a struggling economy.

On party primaries, activists warned that formalising consensus candidacy, even with written consent, may entrench coercion and undermine internal party democracy.

One speaker described the day of passage as “the darkest day in Nigeria’s democratic history,” a claim Rotimi firmly rejected.

“I do not believe yesterday was the darkest moment. I believe it was a step towards free, fair, and credible elections,” he said.

The spokesman emphasised that members of the National Assembly are constitutionally mandated to act on behalf of Nigerians, even when public opinion appears divided.

“It is not always those who are loudest that represent the full spectrum of views. We received diverse feedback,” he said.

Highlighting what he described as the youthful and reform-oriented nature of the 10th Assembly, Rotimi noted that over 50 members are under 40 and more than 70 per cent are first-time legislators.

He cited over 2,400 bills introduced so far, including proposals on independent candidacy, whistleblower protection, cybercrime reform, and Freedom of Information amendments, as evidence of a progressive legislature.

On the contentious party registration fee, Rotimi offered a rare personal deviation from the official line.

“This is the one time I will express a personal view. I do not agree with the amount. But I am one of 360. Parliament works by collective will,” he said, adding that the fee seeks to balance inclusivity with administrative manageability.

The House spokesman pledged ongoing dialogue with civil society and the media, describing his attendance at the briefing as part of efforts to rebuild public trust in the legislature.

“Trust and confidence in government, especially the legislature, may be low. We will continue to work to regain that trust. This is an investment in an ongoing conversation,” he said.

He also supported calls for the prompt publication of the Act to ensure Nigerians are fully informed, noting that the process is governed by the Acts Authentication Act.

As debates over the Electoral Act 2026 continue, both lawmakers and civil society groups appear set for sustained engagement ahead of the 2027 general elections, a contest many say will test not just the new law, but the resilience of Nigeria’s democracy itself.

Earlier, leading civil society organisations in the country delivered a scathing verdict on the newly signed Electoral Act 2026, describing it as a “missed opportunity for transformative reform” and warning that unresolved loopholes could threaten the credibility of the 2027 general elections.

Addressing a press conference, hours after President Bola Tinubu assented to the Act, a coalition including the Centre for Media and Society (CEMESO), The Kukah Centre, International Press Centre (IPC), ElectHer, Nigerian Women Trust Fund, TAF Africa, and Yiaga Africa condemned both the content of the new law and the manner of its passage by the National Assembly.

The groups acknowledged the formal repeal of the Electoral Act 2022 and the presidential assent granted to the new legislation. However, they argued that the process leading to its enactment was marred by speed, opacity, and what they termed a troubling disregard for legislative transparency.

Founder of The Albino Foundation, TAF, Jake Epelle, read a prepared text of the conference on behalf of the groups.

“Electoral law is the architecture of democratic competition. Its legitimacy depends not only on its content but on the openness and credibility of the process through which it is enacted, “the groups said.

The civil society organisations expressed “profound concern” over reports that the harmonised version of the bill was adopted by both chambers of the National Assembly via voice vote without prior distribution of the final consolidated text to all lawmakers.

According to the groups, some legislators later admitted publicly that they voted based on assurances from leadership rather than a review of the final legislative language, a development they described as a violation of informed legislative consent and parliamentary accountability.

They further alleged that last-minute amendments were inserted without publication or structured debate, including critical provisions relating to real-time electronic transmission of results.

“The speed and opacity raise serious concerns about lawmakers’ commitment to genuine electoral reform,” the coalition said.

They accused the Presidency of granting assent despite “credible legal, technical, and democratic concerns” raised by stakeholders, warning that the move signals political expediency over electoral integrity.

“This sets a dangerous precedent,” the groups cautioned, adding that public trust in elections, already fragile, must be strengthened, not “casually tested.”

Despite their criticism, the organisations highlighted several provisions they welcomed in the new Act. These, they said, included “Downloadable Voter Cards (Section 18): Allowing voters to download their voter cards from INEC’s website is expected to reduce disenfranchisement linked to unissued or missing cards.
“Disability-Inclusive Register (Section 9): “For the first time, the voter register must be disaggregated by disability type, a move aligned with Nigeria’s obligations under the UN Convention on the Rights of Persons with Disabilities.

“Stronger Anti-Fraud Penalties (Sections 62, 71): Returning officers who falsify results now face a mandatory minimum of 10 years’ imprisonment without the option of fine, while presiding officers who fail to sign result sheets face a mandatory three-year jail term.

“These are among the strongest anti-fraud sanctions in Nigeria’s legislative history,” the text read.

However, the civil society leaders insisted that the law leaves significant vulnerabilities intact.

“One of the most contentious provisions is Section 60(3), which mandates electronic transmission of results but allows physical result forms to become the primary source for collation in the event of communication failure.

“The term remains undefined, with no independent verification mechanism or penalties for deliberate sabotage disguised as technical glitches.

“The 2023 elections demonstrated how this ambiguity can be exploited,” the coalition warned, noting that this loophole will be tested again in 2027,” the groups added.

Other concerns, according to the groups, include: ”Restriction on Result Reviews (Section 65): Only INEC officials can trigger a review of election results within seven days. Political parties, candidates, and accredited observers are barred from activating the process, even with compelling evidence.

“₦50 Million Party Registration Fee (Section 75(6)): Civil society described the fee as a “financial moat” that excludes youth-led and grassroots movements from political participation.

“Mode of Party Primaries (Section 84): By limiting nomination methods to direct primaries or consensus, the Act eliminates indirect primaries, a move critics say increases vulnerability to vote-buying and elite manipulation.”

With the law now in force, the civil society groups shifted focus to implementation, pledging vigilant monitoring ahead of 2027.

They urged the Independent National Electoral Commission, INEC, to urgently publish a revised election timetable to meet the new 300-day notice requirement and issue comprehensive regulations clarifying key provisions, especially around electronic transmission failures and party primaries.

The coalition also called for a nationwide simulation of the IReV electronic transmission system across all 176,866 polling units, with independent observers present and a publicly released technical report detailing connectivity gaps and vulnerabilities.

On the other hand, they tasked political parties to publicly commit to defending electronic transmission at every polling unit and to document suspicious communication failures in real time.

The coalition called on the National Assembly to immediately publish the final signed version of the Electoral Act 2026 to ensure transparency and legal clarity.

The coalition declared that while the Electoral Act 2026 is “imperfect” and “incomplete,” it remains the framework under which the 2027 elections will be conducted.

“It is our responsibility as citizens, media, and civil society to ensure that elections conducted under this law are credible, transparent, inclusive, and reflective of the will of the Nigerian people,” they added.

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