• Fresh elections mandated if winners are disqualified by courts
The landscape of Nigerian democracy underwent a tectonic shift on Wednesday as President Bola Tinubu signed the Electoral Act 2026 (Amendment) into law. The Senate President, Godswill Akpabio, described the piece of legislation as a “game-changer” that will finally eliminate the perennial menace of result manipulation and ensure the sanctity of every Nigerian’s vote.
Speaking with State House correspondents shortly after the signing ceremony at the Presidential Villa, Akpabio asserted that the new law effectively plugs the loopholes used to hijack the will of the people between polling units and collation centres.
**Electronic Transmission Now Law**
A major highlight of the 2026 Amendment is the formal legal recognition of the electronic transmission of results. While the 2022 Act left room for discretion, the new law mandates that results from polling units must be uploaded to the INEC Result Viewing Portal (iREV).
“For the first time since our independence in 1960, Nigeria’s electoral laws will recognize electronic transmission of results,” Akpabio stated. “The implication is that if what is eventually collated at the next centre is different from what is in the iREV, Nigerians will be able to detect the tampering immediately. The days of results being mutilated after leaving the polling unit are over.”
Addressing concerns about Nigeria’s uneven telecommunications infrastructure, Akpabio explained that the law provides a fail-safe. In areas with poor network, the physical EC8A forms—signed by presiding officers, party agents, and security personnel—will remain the primary source of truth, with the upload to the iREV occurring as soon as the official reaches an area with connectivity.
**End of ‘Runner-Up’ Winners**
In a move to ensure that only popularly elected individuals hold office, the amended Act has scrapped the practice where the runner-up in an election is declared the winner if the initial victor is disqualified by a court.
Akpabio explained: “We don’t want a situation where someone who scored 1,000 votes is declared the winner over the person who scored 290,000 just because of a technical disqualification. In such cases, the law now mandates a fresh election. Let the people truly choose their leader.”
**Direct Primaries and Party Inclusivity**
The 2026 Amendment also seeks to democratize political parties by encouraging direct primaries. This provision allows every card-carrying member of a party to vote for candidates, moving away from the controversial delegate system where a few individuals could determine a party’s flagbearer.
“Participative democracy is the goal,” Akpabio said. “Instead of one person writing a list of delegates, members of the political party will now stand up and vote for the candidate of their choice.”
**Strategic Shift in Election Calendar**
Also speaking at the Villa, the Speaker of the House of Representatives, Rt. Hon. Abbas Tajudeen, highlighted an “ingenious” adjustment to the election notice period, which has been reduced from 360 days to 300 days.
This technical adjustment means the 2027 Presidential and National Assembly elections are now likely to be held in January 2027. According to Abbas, this was intentionally done to ensure the elections do not clash with the holy month of Ramadan, thereby avoiding voter apathy and ensuring maximum participation.
**Context of the Reform**
The 2026 Amendment comes on the heels of the 2023 general elections, which were trailed by controversies following the failure of the iREV portal on the day of the presidential poll. By codifying electronic transmission and tightening collation protocols, the National Assembly aims to restore public confidence in the Independent National Electoral Commission (INEC).
The new timeline set by the law aligns with INEC’s recently released 2027 timetable, which schedules the Presidential and National Assembly elections for February 20, and Governorship and State Houses of Assembly elections for March 6, 2027.
Closing his remarks, Akpabio dismissed claims that the National Assembly acted under political pressure. “We are satisfied that we have met the aspirations of Nigerians. We even sacrificed our holiday break to ensure this was concluded because we believe that the will of the people must be protected at all costs,” he concluded.
