Nigeria's 2027 Elections at Risk: Why Electoral Act 2022 Must Be Fixed Now
Nigeria's 2027 Elections: Why Electoral Act Must Be Fixed

Nigeria's 2027 Elections Face Credibility Crisis Without Urgent Electoral Law Reform

As Nigeria approaches the 2027 general elections, governance expert Kalu Okoronkwo has issued a stark warning about the country's electoral framework. The communications strategist argues that Nigeria cannot afford to conduct another election under the current Electoral Act 2022, which he describes as fundamentally broken and insufficient for ensuring credible polls.

The Flawed Foundation of Electoral Act 2022

The Electoral Act 2022 was initially celebrated as landmark legislation when enacted, representing significant progress in Nigeria's electoral reform journey. However, its first major test during the 2023 general elections revealed deep structural weaknesses that threaten the integrity of future elections. The legislation, while progressive in intent, contains critical gaps in enforcement mechanisms and legal clarity that became apparent during implementation.

According to Okoronkwo, the 2023 elections exposed more than just operational challenges. They revealed dangerous legal loopholes that made electoral manipulation easier while making accountability nearly impossible. Petitioners faced insurmountable procedural barriers in courts, and alleged electoral infractions often went unpunished not because wrongdoing couldn't be established, but because the law itself constrained proper investigation and prosecution.

Critical Legal Ambiguities That Must Be Addressed

The governance expert identifies several specific areas where the Electoral Act 2022 requires urgent amendment. Key among these are ambiguities surrounding election result transmission procedures. The Act uses terms like "transmitted directly" and "electronically transmitted" without clear definitions, creating confusion about whether electronic transmission is legally mandated or merely optional.

This ambiguity became particularly problematic when Nigeria's Supreme Court ruled that the Independent National Electoral Commission (INEC) is not legally required to electronically transmit results. The court determined that INEC's IReV portal serves only as a viewing platform rather than an integral part of the collation system. This interpretation effectively rendered electronic transmission discretionary rather than mandatory.

Another critical deficiency involves over-voting provisions. Under current law, petitioners face an unreasonable evidentiary burden when challenging election results based on over-voting allegations. They must present multiple documents including voter registers, BVAS machine data, and polling unit result sheets. This requirement becomes particularly challenging when INEC, as custodian of these materials, demonstrates reluctance to produce them during legal proceedings.

The Senate's Pivotal Role in Electoral Reform

Okoronkwo emphasizes that the Nigerian Senate carries constitutional responsibility for refining and strengthening electoral laws. He argues that legislative delay in addressing known defects in the Electoral Act 2022 is not neutral but actively harmful to democratic processes. Every moment of inaction deepens public uncertainty, suspicion, and distrust in electoral institutions.

The governance expert draws parallels with other democracies where electoral crises prompted urgent reforms. In the United States, comprehensive electoral reforms followed the 2000 Florida recount controversy. Similarly, Kenya implemented sweeping changes after the 2007 election crisis. These examples demonstrate that functional democracies recognize the necessity of fixing known legal defects before conducting subsequent elections.

INEC's Critical Advocacy Responsibility

While INEC cannot legislate, Okoronkwo argues that the electoral commission bears significant responsibility for advocating necessary reforms. As the institution tasked with implementing electoral laws, INEC possesses unique operational experience that positions it as an indispensable catalyst for legislative improvement. The commission's role extends beyond administration to include evidence-based advocacy, flagging legal ambiguities, and pressing for timely amendments that enable transparent elections.

Globally, respected electoral commissions routinely engage in such advocacy. India's Election Commission regularly pushes for legislative updates, while South Africa's Independent Electoral Commission actively engages Parliament to safeguard electoral integrity. Okoronkwo contends that INEC's silence in the face of a flawed legal framework represents institutional failure rather than neutrality.

The High Stakes for Nigeria's Democracy

The governance expert warns that conducting the 2027 elections under the current Electoral Act 2022 would represent democratic abdication rather than reform. He argues that no democracy should conduct consecutive elections under legal frameworks already proven to facilitate manipulation. Doing so signals that electoral credibility is negotiable and public confidence expendable.

The stakes extend beyond immediate political outcomes. A credible 2027 election is essential for restoring public confidence that votes count, disputes can be fairly resolved, and democracy remains Nigeria's accepted pathway for political competition. Once citizens lose faith in electoral processes, they may seek alternative, often undemocratic, means of political expression.

The Narrow Window for Action

Okoronkwo concludes that Nigeria still has a narrow window to implement necessary reforms before the 2027 elections. Passing a robustly amended Electoral Act that closes legal loopholes, strengthens transparency, and restores faith in judicial remedies represents a fundamental duty owed to the Nigerian electorate.

The governance expert calls for urgent action from all stakeholders. The Senate must act with genuine urgency rather than excuses. INEC must lead with clarity rather than caution. Civil society and media must sustain pressure rather than succumb to reform fatigue. Nigeria still has time to correct course, but delayed action risks transforming current challenges into full-blown democratic crises.

Ultimately, comprehensive amendment of the Electoral Act 2022 represents the clearest signal that Nigeria has learned from the 2023 electoral experience. It serves as the legal firewall against repeating past failures and provides the foundation for credible 2027 elections that can restore public trust in Nigeria's democratic processes.