Nigeria's 2027 Elections: Why Electoral Act 2022 Must Be Fixed Now
As Nigeria approaches the crucial 2027 general elections, governance expert Kalu Okoronkwo presents a compelling analysis of why the country cannot afford another election cycle under the current flawed Electoral Act 2022. The communications strategist argues that timely legislative amendments are not merely desirable but essential for preserving electoral integrity and public trust.
The Broken Promise of Electoral Reform
The Electoral Act 2022 was initially hailed as a landmark achievement in Nigeria's democratic journey, representing significant progress in electoral legislation. However, its first major test during the 2023 general elections revealed substantial structural weaknesses that undermined its effectiveness. The legislation, while progressive in intent, contained critical ambiguities and enforcement gaps that contributed to widespread disputes and legal challenges.
Experience from the 2023 elections demonstrated that as electoral safeguards improve, political actors develop increasingly sophisticated methods to circumvent them. The current Act contains loopholes that facilitate manipulation while making accountability exceptionally difficult. This dangerous combination resulted in numerous irregularities during election day and created a post-election legal environment where petitioners faced nearly insurmountable procedural barriers.
Critical Deficiencies in the Current Framework
Several specific weaknesses in the Electoral Act 2022 demand immediate legislative attention before the 2027 elections:
- Ambiguous Result Transmission Procedures: The Act fails to clearly define key terms like "transmitted directly" and "electronically transmitted" in Sections 60 and 64, creating confusion about result collation processes. This ambiguity became a major point of contention in post-2023 election litigation.
- Inadequate Over-Voting Provisions: Current requirements place an unreasonable evidentiary burden on petitioners, who must produce voter registers, BVAS machines, and polling unit result sheets. This burden is particularly problematic since INEC controls these materials and has sometimes been reluctant to provide them.
- Lack of Statutory Backing for Technological Innovations: Nigeria's Supreme Court has ruled that INEC is not legally mandated to electronically transmit results, as the IReV portal is considered merely a viewing platform rather than part of the official collation system.
- Procedural Gaps in Election Dispute Resolution: Section 65(1) fails to specify who may file reports alleging unlawful declarations or outline proper procedures for such filings, creating legal uncertainty and controversy.
The Senate's Pivotal Role and Current Inaction
The Nigerian Senate holds constitutional responsibility for refining and strengthening electoral laws, a duty that transcends partisan interests. Despite broad consensus among civil society organizations, legal experts, and election observers that substantial amendments are necessary before 2027, legislative progress has stalled. This inertia deepens public suspicion and threatens the credibility of the upcoming elections.
Okoronkwo emphasizes that legislative delay in this context is not neutral. Every moment of inaction increases uncertainty, suspicion, and distrust among the electorate. Failure to amend a demonstrably defective law does not merely postpone reform—it actively endangers the integrity of the next election cycle.
INEC's Critical Advocacy Responsibility
While INEC does not legislate, its operational experience positions it as an essential catalyst for electoral reform. No institution understands the Act's deficiencies better than the one tasked with implementing it. INEC's responsibility therefore extends beyond administration to include evidence-based advocacy, flagging legal ambiguities, and pressing for timely amendments that enable transparent and credible elections.
Globally, respected electoral commissions routinely play this role without hesitation. India's Election Commission pushes for legislative updates, while South Africa's IEC actively engages Parliament to safeguard electoral integrity. Silence in the face of a flawed legal framework represents institutional failure rather than neutrality.
International Lessons and Democratic Imperatives
Across established democracies, elections operate according to what political scientists term the "rules of the game." When these rules are weak or ambiguous, they inevitably invite abuse and manipulation. The United States implemented post-2000 reforms following the Florida recount crisis, recognizing that no democracy can survive repeated elections under known defective laws. Kenya undertook sweeping reforms after its 2007 electoral crisis, driven by similar realizations.
The loopholes exposed during Nigeria's 2023 elections were not abstract technicalities—they shaped real outcomes, allowing discretion where clarity was required and creating procedural barriers that shielded malpractice from judicial scrutiny. The result was an election widely perceived as compromised and a legal aftermath that left many Nigerians convinced that justice was structurally inaccessible.
The Path Forward for 2027 Credibility
The credibility of Nigeria's 2027 elections now hinges on the speed and seriousness with which the Senate addresses these legislative deficiencies. Each month of delay deepens suspicion that inaction may be strategic rather than accidental. When lawmakers refuse to fix known defects, they effectively privilege political outcomes over democratic processes.
No democracy should conduct two consecutive elections under a legal framework already demonstrated to facilitate manipulation. Doing so represents not reform but abdication of democratic responsibility. It signals that electoral credibility is negotiable and public confidence expendable—dangerous precedents for any nation.
The stakes extend far beyond which political party wins power. A credible 2027 election is fundamentally about restoring public confidence that votes count, disputes can be fairly resolved, and democracy remains the accepted pathway for political competition. Once citizens lose faith in elections, they begin seeking alternatives—and those alternatives are rarely democratic.
Urgent, transparent, and comprehensive amendment of the Electoral Act 2022 represents the clearest signal that Nigeria has learned from the 2023 experience. It serves as the legal firewall against repeating past failures. Without these amendments, every promise of credible 2027 elections will ring hollow.
The Senate still has a narrow window to change course. Passing a robustly amended Electoral Act—one that closes loopholes, strengthens transparency, and restores faith in judicial remedies—is not a concession to opposition parties or civil society. It is a fundamental duty owed to the Nigerian electorate and to the future of the nation's democracy.
