Amendments to Nigeria's 2022 Electoral Act, aimed at strengthening the country's democratic process ahead of the 2027 general elections, have been significantly delayed, raising widespread concerns among political stakeholders and civil society organizations. The Electoral Act (Amendment) Bill, 2025/2026, is currently pending at the National Assembly, with the Senate yet to conclude its deliberations despite the House of Representatives having passed its version in December.

The House of Representatives had concluded its work on the bill and forwarded it to the Senate. However, the House has also initiated steps to reconsider certain clauses, including 3(3), 60(3), 62, 75, 77(4), 82, 87(2)(vi), and 87(3)(v), for further refinement. These amendments aim to prevent multiple registrations across political parties, curb 'forum shopping' by candidates after party primaries, and introduce clearer penalties for defaulters. The motion for reconsideration was deferred due to a two-week House recess, contributing to the uncertainty surrounding the proposed law.

The delay in passing the bill has drawn criticism from various quarters. Festus Okoye, a former National Commissioner of the Independent National Electoral Commission (INEC), warned that such delays could severely impact preparations for the 2027 elections. He recalled similar issues in 2022, where the late passage and assent of the bill created uncertainty for the 2023 elections. Okoye highlighted Section 28(1) of the Electoral Act 2022, which mandates INEC to publish election notices at least 360 days before the general election, a provision unchanged in the current bill, emphasizing the need for a clear and unambiguous electoral framework for timely planning.

Samson Itodo, Director General of YIAGA Africa, a voter education organization, echoed these concerns, stating that prolonged delays would hinder the law's implementation. He pointed to ambiguities in the 2022 Act, which caused confusion among political parties and stakeholders during its initial implementation. Itodo noted that INEC plans based on the existing 2022 Act and will have to adjust if changes are made, underscoring the necessity for timely passage and the issuance of detailed guidelines to prevent implementation problems, especially with primaries potentially starting in April.

Political scientist Dr. Kabir Mato expressed apprehension, suggesting the slow pace of amendment might be deliberate and could lead to hastily assembled legislation for the 2027 polls. Former Vice President Atiku Abubakar described the Senate's reluctance as undermining confidence in the electoral system, warning that anything short of prompt finalization of amendments could be seen as an attempt to rig the 2027 elections in advance. Barrister Ibrahim Zailani, a former House of Representatives member, stressed that a new Electoral Act should ideally be in place 12 months before an election to allow all players to understand the requirements.

The historical context of electoral reform in Nigeria reveals a pattern of controversies, from the mysterious insertion of Clause 81 in the 2002 bill to issues surrounding the one-day election mandate and the inadvertent exclusion of National Assembly members from party primaries in the 2022 Act. These precedents further fuel suspicion regarding the current delays.

The House of Representatives has already approved several significant amendments. Campaign spending limits for various elective offices have been substantially increased: presidential from N5 billion to N10 billion, governorship from N1 billion to N3 billion, senatorial from N100 million to N500 million, and House of Representatives from N70 million to N250 million. Limits for state constituencies, chairmanship, and councillorship candidates also saw increases. A new provision restricts individual or corporate donations to a maximum of N500 million per candidate.

Crucially, the House passed amendments to enhance electoral transparency and integrity. Clause 60(3) now mandates the real-time electronic transmission of election results from each polling unit to the IReV portal by the presiding officer, a significant departure from the existing law and a response to past glitches that led to suspicions in the 2023 elections. The use of the Bimodal Voter Accreditation System (BVAS) as the primary accreditation tool is also ratified under Clause 47(2), with provisions for election cancellation and rescheduling within 24 hours if BVAS fails and no replacement is deployed, especially if the outcome would substantially affect the overall result. These measures have been lauded by civil society groups as vital for transparency.

Stiffer penalties have been introduced to curb electoral fraud. Vote buying and selling (Clause 22) now carry a minimum of two years' imprisonment or a N5 million fine, or both, alongside a 10-year ban from contesting elections. Presiding officers who deliberately breach result counting, announcement, or transmission procedures (Section 60(6)) face a minimum fine of N500,000 or six months' imprisonment, or both. Penalties for multiple voter registration (Clause 12(3)) include a minimum fine of N100,000 or one year's imprisonment, or both, while presiding officers declaring false results risk a five-year jail term. To ensure timely preparation, the bill mandates the release of election funds to INEC at least one year before a general election. The deadline for political parties to submit candidate lists to INEC has also been extended from 180 to 210 days before an election, and electronically generated voter identification, including downloadable voter cards with QR codes, is now permitted for accreditation.

However, not all proposed amendments passed without contention. Lawmakers rejected Clause 89(4), which sought to penalize financial or material inducement of delegates during primaries, citing concerns about potential 'entrapment.' Additionally, Samson Itodo highlighted a problematic provision in Section 64 of the bill concerning INEC's power to review results declared under duress. The current wording limits this power to situations where INEC officials report manipulation, which Itodo argues is dangerous, as complicit officials may not report themselves. He advocates for broader reporting mechanisms involving party agents and observers. Itodo also criticized the increased campaign spending limits, suggesting they foster a plutocracy rather than a democracy.

For a more effective electoral process, Barrister Zailani advocates for holding all elections on a single day, which he believes would be more cost-effective and reduce manipulation. He also supports full electronic voting, electronic result collation, and instant result announcement. Samson Itodo underscored the importance of active citizen participation in protecting their mandate non-violently at polling stations and intensifying scrutiny of INEC, the judiciary, and security agencies.

Calls for action are urgent. The Peoples Democratic Party (PDP) has condemned the Senate's delay, urging immediate passage of the amendments. Dr. Mato and Samson Itodo stress the necessity for the National Assembly to conclude the bill within weeks and for the President to assent to it promptly to safeguard the legitimacy of the 2027 elections. If the President fails to assent within 30 days, Dr. Mato suggests the National Assembly could override the veto with a two-thirds majority, as has happened historically, urging legislators to prioritize citizens' interests over personal gain.