Electoral Act 2026: INEC RECs Face Two-Year Jail for Rigging

The National Assembly has passed the Electoral Act 2026, which introduces a two-year prison term for any Resident Electoral Commissioner who fails to release vital election documents, while also creating a special fund to secure the financial independence of the Independent National Electoral Commission ahead of the 2027 general elections. The reforms were disclosed in Abuja on Sunday by Senate Leader Opeyemi Bamidele.

The new law followed about two years of consultations and legislative work involving lawmakers, electoral officials, civil society groups and other stakeholders. It was approved by both chambers of the National Assembly and signed by President Bola Tinubu shortly after its passage.

Under the Act, a dedicated fund has been set up to strengthen INEC’s financial autonomy and ensure that election funds are made available at least six months before any general election.

The law is designed to give the electoral body more stability and allow it to carry out its duties without delays linked to funding.

The legislation makes the use of the Bimodal Voter Accreditation System compulsory and mandates electronic transmission of election results to the INEC Result Viewing Portal.

Any presiding officer who deliberately blocks electronic transmission of results faces up to six months in prison, a fine of N500,000, or both.

Where electronic transmission fails due to network problems, the law allows the use of the appropriate result form as directed by INEC. However, deliberate refusal to transmit results electronically attracts sanctions.

The Act also requires a Resident Electoral Commissioner to provide certified true copies of requested electoral documents within 24 hours after payment.

Failure to comply will lead to a minimum of two years imprisonment without the option of a fine. In addition, where INEC does not issue a certificate of return to a candidate declared winner by a court, a certified copy of the court judgment will be enough for swearing-in.

Penalties for electoral offences such as vote buying, impersonation and manipulation of results have been strengthened. Offenders may face two years in prison or fines ranging from N500,000 to N2 million, or both, upon conviction.

The new law removes indirect primaries and allows only direct or consensus primaries for political parties. Parties are also required to keep a digital register of members and submit it to INEC at least 21 days before conducting primaries, congresses or conventions. A party that fails to comply will not be allowed to field candidates in the affected election.

Campaign spending limits for elective offices have been increased. The presidential limit is now N10 billion, governorship N3 billion, Senate N1 billion, House of Representatives N250 million, House of Assembly N100 million, Area Council chairmanship N60 million and councillorship N10 million.

Other provisions include arrangements for separate queues for men and women in areas where culture requires it, support for persons with visual impairment, and a N10 million fine for political parties that fail to submit correct audited financial reports within the set timeframe.

While opposition parties have raised concerns about some sections of the law, the Senate leadership maintains that the reforms were developed through broad consultations and are aimed at improving election management, strengthening accountability and reducing disputes in Nigeria’s electoral process.