Electoral Act Turmoil: Tinubu's Signature Ignites Nationwide Debate and Warnings

Published 5 hours ago6 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Electoral Act Turmoil: Tinubu's Signature Ignites Nationwide Debate and Warnings

President Bola Tinubu's recent assent to the Electoral Act 2026 (Amendment) Bill has plunged Nigeria into a contentious national debate, with its implications for the 2027 general elections drawing sharp criticism and staunch defense from various stakeholders. The President, in his defense, asserted that the amendments were a necessary step to strengthen electoral processes and close procedural gaps identified in previous election cycles, emphasizing that these changes are about process improvement rather than partisan interests, aiming ultimately to build public confidence in the electoral system.

Immediate and vocal criticism emerged regarding the swiftness of the bill's signing. Arise News anchor Rufai Oseni expressed dismay, highlighting that the President signed the bill less than 24 hours after its passage by the National Assembly, suggesting a lack of thorough review and labeling it an "aberration to democracy." Civil Society Organizations (CSOs) echoed these concerns, pointing to the speed and opacity of the legislative process. They alleged that last-minute amendments were inserted into the harmonized version of the bill without public scrutiny, describing the presidential consent as "hasty and almost premeditated." The CSOs collectively viewed the new law as a "missed opportunity" for delivering comprehensive electoral reforms, warning that it would undermine electoral integrity, entrench incumbency advantage, and introduce new barriers to meaningful political participation.

A primary point of contention revolves around the electronic transmission of election results. Hon. Victor Ogené, a House of Representatives member, lamented the dilution of critical electoral reforms, particularly the inclusion of a fallback clause that permits physical forms to replace electronic transmission in cases of network failure. He termed this a "retrogression" and challenged claims about technical limitations, citing a 2020 survey by the Nigerian Communications Commission (NCC) and INEC that indicated over 90% network coverage. Former Chairman of the Inter-Party Advisory Council (IPAC), Peter Ameh, directly accused President Tinubu of misrepresenting issues with Nigeria's electoral system, stating that there are no inherent problems and that INEC possesses the full capacity for electronic transmission, having successfully implemented it in past elections, including Anambra. Ameh suggested that the ruling All Progressives Congress (APC) is "afraid that the vote of the people will count."

Concerns were also raised about the potential risks to polling officers and the re-emergence of opportunities for abuse of power. Mike Igini, a former Resident Electoral Commissioner of INEC, warned of "dangerous implications," specifically the reintroduction of a mechanism akin to the problematic "Incident Form" under the guise of network issues. He argued that this could endanger presiding officers at polling units, particularly if they claim a lack of network coverage when the public observes otherwise. Oluwole Osaze-Uzzi, former INEC Voter of Education, corroborated this, recalling how "incident forms" were abused in previous elections, becoming the norm instead of card readers. He expressed worry that the manual fallback provision could expose honest presiding officers to physical danger if electronic transmission fails or is sabotaged, as was allegedly experienced in 2023.

Furthermore, Osaze-Uzzi highlighted issues with operational readiness and low public confidence. He expressed low expectations from many Nigerians, anticipating "lack of transparency, shenanigans, stealing elections, stealing votes" in 2027. He questioned INEC's ability to prepare adequately given the rushed timelines, noting the reduction of the funding timeline from 12 to 6 months without INEC's prior consultation and the confusion over which law (2022 or 2026) would apply to upcoming FCT Area Council elections. He also pointed out that the INEC Result Viewing Portal (IReV) was not designed as an integral part of the collation system, implying that manual collation remains the primary method despite the recognition of electronic transmission.

In stark contrast, the Lagos State chapter of the All Progressives Congress (APC) staunchly defended the President's actions, dismissing the backlash as "politically motivated and disconnected from the country’s national interest." The party argued that governance necessitates prudence and responsibility, not popularity contests, and rejected what it called a "romanticised and misleading narrative" surrounding real-time transmission models, citing technological failures and cybersecurity risks experienced in other democracies. The Lagos APC maintained that President Tinubu's assent followed due constitutional process and extensive legislative debate, characterizing it as an "exercise of prudence rather than panic."

Businessman and political stakeholder Dumebi Ifeanyichukwu also voiced support for the President, describing the reform effort as a necessary step to strengthen Nigeria’s democratic framework. He stated that citizens in Imo State believe the President's approach aims to improve governance and restore public confidence. Ifeanyichukwu emphasized that the President is a leader who listens, citing the eventual approval of e-transmission of results, and always acts with the best interests of Nigerians at heart. Akin Rotimi, spokesperson for the House of Representatives, defended the legislative process, insisting that due process was followed by both chambers and that protests were a normal occurrence in parliamentary proceedings, further claiming this was the first time a genuine amendment had been introduced to the Electoral Act.

Senate President Godswill Akpabio clarified key provisions, stating that the amended law ensures every vote counts and significantly enhances transparency by formally recognizing the INEC Result Viewing Portal (IReV) and accommodating mandatory electronic transmission of results. He explained that results from polling units would be transmitted electronically, with provisions for areas lacking network coverage where results would be uploaded once connectivity is available, while signed hard copies from polling units would remain the primary source of collation. Akpabio also revealed a new rule: if a candidate who scores the highest votes is subsequently disqualified by a court, a fresh election would be conducted instead of declaring a candidate with significantly fewer votes as the winner. Additionally, Speaker of the House of Representatives, Hon. Tajudeen Abbas, highlighted a key change: the reduction of the statutory notice period for elections from 360 days to 300 days. This adjustment aims to shift the 2027 presidential and National Assembly elections to January, thereby avoiding a potential clash with the Ramadan period and helping to reduce voter apathy. The new law also seeks to strengthen internal democracy within political parties by expanding participation in direct primaries.

In conclusion, the Electoral Act 2026 (Amendment) Bill stands as a pivotal yet deeply divisive legislative update designed to govern Nigeria's upcoming elections. While its proponents articulate its role in fostering transparency, efficiency, and fairness, critics vehemently warn of potential risks to electoral integrity, accountability, and the safety of electoral personnel. The ongoing debate underscores the persistent challenges and complexities inherent in Nigeria's democratic evolution, as the nation prepares for the 2027 polls under this new, contested legal framework.

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