Rigging: INEC RECs Face Two-Year Jail Under New Electoral Act

The National Assembly has introduced sweeping changes to Nigeria’s electoral framework, including a two-year prison term for any Resident Electoral Commissioner (REC) who fails to release key electoral documents within the time prescribed by law.

Details of the reforms contained in the Electoral Act, 2026 were outlined on Sunday in Abuja by Senate Leader, Opeyemi Bamidele, who said the amendments aim to strengthen transparency, accountability and institutional independence ahead of the 2027 general election.

The new law establishes a dedicated fund for the Independent National Electoral Commission to guarantee its financial autonomy. It also mandates the release of election funds at least six months before a general election, a measure lawmakers say will improve operational stability and administrative continuity.

Under Section 74(1), a REC must issue a certified true copy of any requested electoral document within 24 hours of payment. Failure to comply attracts a minimum two-year jail term without the option of a fine.

Electronic transmission of results has also been made compulsory. Section 60(3) requires results to be uploaded to the INEC Result Viewing Portal, while Section 60(6) prescribes six months’ imprisonment, a N500,000 fine, or both, for any presiding officer who deliberately frustrates electronic transmission.

Bamidele clarified that the portal is designed for transparency rather than collation, noting that a separate framework would be required for a fully electronic collation system. The law permits the use of Form EC8A where transmission fails due to technical challenges, in line with INEC guidelines.

The bill was harmonised by both chambers of the National Assembly, particularly over Clause 60(3), before being transmitted to President Bola Tinubu for assent. The President signed it into law within 24 hours of passage.

While the Presidency and the ruling All Progressives Congress have defended the amendments as necessary to strengthen electoral integrity, opposition parties have criticised provisions relating to primaries, campaign finance and election timelines, arguing that they could limit political competition.

The Act abolishes indirect primaries, retaining only direct and consensus methods. Political parties are now required to maintain digital membership registers and submit them to INEC at least 21 days before primaries, congresses or conventions. Parties that fail to comply will be barred from fielding candidates.

Spending limits for elective offices have been revised upward. The presidential cap rises from N5 billion to N10 billion; governorship from N1 billion to N3 billion; Senate from N500 million to N1 billion; House of Representatives from N70 million to N250 million; House of Assembly from N30 million to N100 million; Area Council from N30 million to N60 million; and councillorship from N5 million to N10 million.

The law also strengthens penalties for vote-buying, impersonation and result manipulation, prescribing a two-year prison term or fines ranging from N500,000 to N2 million upon conviction.

Additional provisions address inclusion and compliance. These include gender-sensitive queue arrangements in areas where cultural norms require separation, support for voters with visual impairment, and a N10 million fine for political parties that fail to submit accurate audited returns within the stipulated period.

According to the Senate leadership, the reforms are intended to consolidate previous gains, improve technological integration in elections and reduce disputes arising from result management.