Former Chairman of the Independent National Electoral Commission (INEC), Attahiru Jega, has called for urgent amendments to the 2026 Electoral Act, warning that several provisions could undermine electoral integrity if left unchanged ahead of the 2027 general elections.
Jega Highlights Problematic Sections
Jega made the remarks in Abuja while delivering a paper titled "Some Reflections on the 2026 Electoral Act and Nigeria's Electoral Democracy." While commending the overall objectives of the Electoral Act, Jega said the legislation contains "issues of serious concern" and provisions that require further review to eliminate ambiguities and improve its effectiveness.
He identified Section 60(3), which deals with the electronic transmission of election results, Section 83(5), which limits court intervention in the internal affairs of political parties, and Section 138(1), which excludes qualification as a ground for post-election challenges, as areas requiring urgent attention.
Concerns Over Electronic Transmission
Although Jega praised the Act for mandating electronic transmission of election results, he expressed concern over the provision allowing the manual result sheet, Form EC8A, to become the primary collation document where electronic transmission fails.
"Given what we know about the Nigerian environment and the desperation of the 'do-or-die' politicians, there shouldn't be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit," he said.
IReV Portal Misunderstanding
He also questioned the reliance on the INEC Result Viewing Portal (IReV) in cases of transmission failure. "Besides, there is an undue emphasis on reliance on data on the IReV portal for final determination of results in case of transmission failure. If this is so, there is a misunderstanding of the fact that IReV transmitted data is for public 'viewing' purposes only. The data to be relied upon in result declaration should be the backend result compilation database, which ideally is more secure, not publicly accessible, and less susceptible to fraudulent intrusion," he added.
Political Party Courts and Qualification Grounds
Jega described Section 83(5), which prevents courts from entertaining suits relating to the internal affairs of political parties, as an overly broad provision that should be moderated, arguing that the judiciary should retain the authority to intervene where constitutional rights or the rule of law are at stake. He also questioned the constitutionality of removing qualification as a ground for challenging election outcomes, noting that the 1999 Constitution prescribes minimum educational qualifications for candidates seeking elective office.
"Besides, it is a very good provision in the previous acts, which has been put to good use, and there does not seem to be any rational justification for removing it; unless, of course, if some certificate fraudsters and qualification racketeers would like to have an unrestricted field day," he said.
Call for Broader Reforms
Jega urged lawmakers to amend the Electoral Act in line with African Union and ECOWAS protocols, which require changes to electoral laws to be completed at least six months before a general election. Beyond the 2027 elections, the former INEC chairman advocated broader electoral reforms, including changes to the appointment process for the INEC chairman and national commissioners, arguing that the responsibility should no longer rest solely with the president.
He also recommended unbundling INEC by assigning responsibilities such as prosecuting electoral offenders, constituency delimitation, and political party regulation to separate institutions, allowing the commission to focus exclusively on conducting elections. Jega further proposed stricter legal requirements for political parties seeking to field candidates and called for a reduction in campaign spending limits, saying the current thresholds encourage the monetisation of politics.
Need for Broad Consultations
He stressed that electoral reforms should emerge from broad national consultations and be guided by the objective of strengthening democratic governance. "But reform measures must be products of broad-based consultations, as nationalistic, patriotic and selfless endeavours by legislators, the government in power and key stakeholders, with a clear focus on adding remarkable value to electoral integrity and sustainable participatory democratic development," he said.
Judicial Concerns
Jega also expressed concern over what he described as misconduct within the judiciary, warning that judicial actions could erode public confidence in the electoral process. "There are serious worrisome concerns emanating from the judicial quarters, in this regard, with willful acts by reckless judges/justices, acts of 'judicial rascality', which undermine not only electoral integrity and democratic development, but also integrity of the courts, and which the NJC (National Judicial Council) needs to swiftly nip in the bud," he said.
All Hands on Deck
He concluded by emphasising that while a sound legal framework is essential for credible elections, it must be complemented by responsible political leadership, active citizen participation and strong institutions. "Indeed, all hands need to be firmly on deck, to ensure a conducive environment for the preparation and conduct of the 2027 general elections with integrity; and improving the prospects of stable, sustainable democratic development in Nigeria," he said.
