As Pressure Mounts on National Assembly to Pass Electoral Bill 

With the 2027 general election fast approaching, there are fears that if the amendment to the Electoral Act 2022 is not expedited, it will not only compromise the reforms needed to strengthen the polls but also undermine public trust in the electoral process, Davidson Iriekpen writes

The delay in the passage of the new Electoral Act to guide and regulate the conduct of the 2027 elections has raised concerns among a cross-section of Nigerians, including civil society organisations and pro-democracy advocates.

On May 12, 2025, the then Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, disclosed that the commission had forwarded 142 post-election recommendations to the National Assembly, with eight of them requiring amendments to the 1999 Constitution or the Electoral Act 2022.  Unfortunately, nothing has been heard from the lawmakers on the matter.

Under the current Electoral Act, INEC is mandated to issue the Notice of Election one year before the scheduled date. This deadline is February 2026. 

However, if the amendment bill is not passed before the notice is released, INEC will be legally compelled to conduct Nigeria’s next general election under the outdated and flawed 2022 framework. This would compromise urgently needed reforms and undermine public trust in the electoral process.

The 2025 Electoral bill contains some of the most transformative electoral provisions Nigeria has seen in recent years, including the early release of INEC funding for timely preparation, mandatory audited accounts by INEC, the NIN requirement for voter registration to ensure a cleaner voter register, clear election timelines, the introduction of early voting and expanded voting rights for inmates, among others.

Despite the bill’s national importance, the Senate proceeded on recess until January 27, leaving only a narrow window to debate, harmonise, pass, and transmit the bill for presidential assent.

This lack of urgency stands in sharp contrast to the speed with which the Senate passed other bills, including the National Anthem Bill and several tax-related bills, demonstrating that swift legislative action is possible when the political class prioritises it.

Analysts have argued that if the lawmakers were truly sincere and determined, the process should have been completed within the second year of their tenure to allow for proper test-run through a series of by-elections and the gubernatorial polls in Anambra, Osun and Ekiti states. They fear that the delay in ensuring the speedy passage of the Act is a plot to manipulate the 2027 elections.

While the current Electoral Act 2022 was adjudged as the most progressive electoral legislation in Nigeria’s recent history, several loopholes such as widespread vote manipulation, voter suppression, compromised technology, legal ambiguities, and post-election injustice, were identified as some of its weaknesses. These weaknesses were the grounds for extensive legal fireworks after the elections.

Even when INEC was vested with the power to review declarations/returns made involuntarily or contrary to law, regulations and guidelines, the modalities and procedures for exercising this power were not prescribed in the Act or INEC guidelines, leaving room for abuse, compromise, controversies and uncertainty.

A cumulative reading of Section 65(1) of the Electoral Act 2022 and Regulation 90 of INEC regulations does not indicate who can file a report, and the procedure for filing a report against a declaration/return made under duress or contrary to law, regulations and guidelines.

Though to some extent, the IREV and BVAS helped in improving the 2023 and 2024 elections, analysts have posited that the fact that the judiciary did not deem them as compulsory requirements is a red flag for future elections, which the National Assembly needs to fix quickly. This should have been done long before the series of state elections and by-elections that usually precede the general election.

Because the BVAS and IREV were not made compulsory by the 2022 Act, the new amendment needs to include such a mandatory clause. The contents of BVAS must be made compulsory for the determination of election results.

The failure to grant legal teeth to both BVAS and IREV led to the protracted battle among the trio of President Bola Tinubu, Atiku Abubakar, and Mr. Peter Obi over the 2023 presidential election, a battle that dragged up to the Supreme Court.

The apex court held that the non-availability of election results on the IReV portal was not a legal ground for the nullification of the February 2023 presidential election as canvassed by opposition parties.

Since 2015, the courts have maintained that innovations like Smart Card Reader, BVAS and IReV require statutory enactment to enjoy the force of law. This position of the Supreme Court creates contradictions in the electoral system.

Many have argued that when a principal legislation confers powers on an institution to issue guidelines for its operations, such guidelines should have a binding effect because they derive from the principal Act, especially where the institution exercises the power within its scope.

It is illogical, they argue, for the courts to maintain that electronic transmission into the IReV portal is not a legal requirement simply because it was introduced in the guidelines rather than in the Electoral Act.

However, the courts, in several cases such as Jegede v. INEC and Wike v. Peterside, have established that INEC regulations and guidelines have no binding effect.

It is these judicial positions that INEC seeks to address with its proposal to amend the Electoral Act, explicitly providing for the electronic transmission of results to enhance the credibility of future elections.

The new year provides an opportunity for reflection, renewal and recommitment to strengthening democratic institutions. These reforms are crucial for improving transparency, reducing logistical failures, and strengthening the integrity of the election process. Its timely consideration is critical to the success and stability of democracy in the country.

With the statutory timeline for issuing notices of election approaching in the coming weeks, further delays could constrain implementation.  Experience has shown that amendments concluded too close to election periods risk being excluded from implementation due to constitutional and international obligations.

This is why former Vice President, Atiku Abubakar, last week alleged that loopholes in the Electoral Act 2022 undermined the 2023 general elections’ credibility. According to him,, the law’s gaps enabled widespread rigging, making it tough for petitioners to win cases in court.
Atiku said Nigeria must urgently review its electoral laws, starting with amendments to the Electoral Act, to address flaws that marred the 2023 general election. He stated that the failure to address the shortcomings of the 2022 Act would jeopardise the credibility of the 2027 general elections and future polls.
The former vice president expressed concern that the Senate appears unwilling to expedite the passage of the proposed amendments to the Act, warning that such delays could undermine public confidence in the electoral process.

Also, some youth groups under the Youth-led Electoral Reform Project (YERP_Naija) have urged the National Assembly to prioritise the passage of constitutional amendment bills that seek to introduce major changes to Nigeria’s electoral space.

Speaking with journalists in Abuja, the Head of Research and Strategy at Kimpact Development Initiative, Oluwafemi Adebayo, said past experience had shown that amendments concluded too close to election periods risk being excluded from implementation due to constitutional and international obligations.

Adebayo called on lawmakers to demonstrate leadership, foresight and patriotism by prioritising electoral reforms that reflect the aspirations of young Nigerians and the broader electorate.

As Nigeria steps into 2026, the responsibility before the National Assembly is clear. The decisions taken in the coming weeks will shape not only the conduct of the 2027 elections but also public confidence in democratic institutions for years to come.

The country cannot afford another election cycle plagued by preventable logistical crises, legal ambiguities, or public distrust. The lawmakers must put national interest above partisan considerations.