Landmark and problematic provisions: Making the case for Electoral Bill passage

Disclaimer: Opinions expressed in this commentary are those of the author and do not necessarily represent the institutional position of International IDEA, its Board of Advisers or its Council of Member States. 

A recent National Voting Intentions Survey (NVIS) reveals a climate of high distrust in the electoral process. The current electoral bill before Nigeria’s National Assembly contains landmark provisions that meet public demand for limits to human interference in the electoral process and greater transparency. However, the bill also includes problematic provisions that create vulnerabilities and give undue powers to institutions. Some provisions reinforce money politics and create an uneven playing field for economically marginalized groups. Despite these contradictions, passing this bill is one of the most important steps for rebuilding public trust in the electoral process.

Top five landmark provisions we cannot afford to lose

The Electoral Bill contains provisions that will transform the electoral process. Citizens and civil society groups, including Yiaga Africa, have advocated these proposals for years. Notable among them are:

1. Electronic transmission of election results: The bill provides legal backing for electronic transmission of results to the INEC Election Results Viewing portal (IREV). It does not replace the manual process but integrates electronic transmission to run alongside manual collation. Electronic transmission could significantly reduce result manipulation at polls. This provision gives legal weight to result sheets uploaded on INEC’s portal. These result sheets will serve as reliable evidence for establishing votes scored by parties or exposing manipulation.

2. Compulsory comparison between electronically transmitted results and hardcopy results: The bill prescribes detailed procedures to address ambiguities in the collation process. It mandates Collation and Returning Officers to cross-check accreditation data and results transmitted electronically from the polling unit with the hardcopy results sheets. This addresses a gap exploited in previous election, where inconsistencies between electronically transmitted results and physical result forms created legal uncertainty and operational discretion. The provision strengthens auditability, and transparency in the collation process.

3. Downloadable voter card for inclusive voter accreditation: In previous elections, voters without physical Permanent Voter Cards (PVCs) have been disenfranchised, even in cases where such failure resulted from INEC’s logistical failure. To address this barrier to participation, the bill introduces a digitally generated voter card embedded with a unique QR code, which can be downloaded and securely used for voter accreditation. In addition, where a voter card is unavailable, registered voters may present a National Identity Card, International Passport, or Nigerian birth certificate for voter accreditation.

4. Disciplinary authority over Resident Electoral Commissioners: One of the challenges of INEC is its lack of disciplinary control over Resident Electoral Commissioners (RECs), who answer mainly to the appointing authority, the President, rather than to the Commission they serve. This flaw has fostered weak accountability and impunity. During the 2023 general elections, this limitation became clear when three RECS were allegedly involved in corrupt practices and misconduct. The commission’s leadership was limited to suspending its delegated powers from the RECs because it could not impose any sanctions under the electoral legal framework. To address this gap and subject RECs to internal control mechanisms, the bill provides that RECs will be answerable to and disciplined by the commission.

5. Mandatory Digital register of party membership: The lack of an updated, reliable register of party members is a loophole parties exploit to perpetuate illegality, capture party structures, and subvert candidate nomination processes. The result is a crisis of internal party democracy that fuels candidate imposition, and weakens competition. The bill mandates political parties to maintain a digital register of their members, including name, gender, date of birth, address, National Identity Number (NIN), and photographs. Parties that fail to submit their membership register to INEC will not be eligible to field candidates in elections.

Problematic provisions that demand collective vigilance

1. Restricting the filing of reports to INEC officials to activate the review of election results: INEC is vested with the power to review election results within seven days where such declarations are made under duress or in violation of the Electoral Act, INEC’s regulations, guidelines, and manuals. To activate this power, the bill provides that the administrative review of falsified election results shall occur only upon a report filed by INEC officials. This provision bars political parties, candidates, accredited observers, and their agents from activating the review process, even where they tender compelling evidence of a manipulated and unlawful results declaration. Limiting the power of review to reports filed by INEC officials, some of whom may be complicit, is against the spirit behind the power of review vested in INEC. Evidence from recent elections revealed instances in which INEC officials actively undermined the elections. The scope of persons eligible to file reports should be broadened to include political parties, candidates, accredited party agents, and observers present during collation.

2. Astronomical increase in the threshold for election expenses: The bill reinforces electoral competition as contest of the highest bidders and spenders by doubling election expenses by 100 – 200% across all levels. Expenses for presidential election jumped from N5 billion ($3.5M) to N10 billion ($7M). Governorship election was increased from from ₦1 billion ($702,000) to ₦3 billion ($2.1 million), a 200% increase. The pattern continues down the ballot: expenses for Senate increased from ₦100 million ($70,000) to ₦500 million ($355,000); House of Representatives from ₦70 million ($49,000) to ₦250 million ($176,000); State Assembly from ₦30 million ($21,000) to ₦100 million ($70,000); and FCT Area Council from ₦5 million ($3,500) to ₦10 million ($7,000).

These high thresholds constitute a barrier to fair competition because qualified candidates without deep pockets cannot run for office. When elections are determined by wealthy politicians, democracy is threatened while plutocracy is institutionalized.

3. Increasing individual donations to candidates from N50m to N500m: The bill raises the limit for donations from individuals and entities to candidates from N50m ($36k) to N500m ($355k). Allowing a single individual or entity to contribute half a billion naira to a candidate leads to capture and a lack of independence. It also weakens accountability and ensures private interests replace the public interest in governance and policymaking.

Rejected progressive proposals

While the Electoral Bill contains transformative proposals, it excludes some provisions that lacked sufficient legislative support at the committee stage, despite years of advocacy by citizens and civil society organizations, including Yiaga Africa. These omissions are significant missed opportunities to safeguard the right to vote and expand civic participation. The rejected or abandoned proposals include early voting mechanisms, inmates voting, replacing the Permanent Voter's Card with alternative identification, and adjustments to electoral timelines to improve operational efficiency and voter access.

Why passage remains imperative

Elections are governed not by good intentions but by clearly prescribed rules. The bill’s landmark provisions address ambiguities in current electoral law. Its passage will prevent conflicting interpretations and inconsistent application of rules for result transmission, collation, and voter accreditation. INEC needs legal clarity to develop guidelines for key electoral activities, especially the party primaries set for April. The commission must also issue the 2027 election timetable at least 360 days before the next general election. Passing the law will ensure INEC does not prepare in the dark. Electoral integrity will suffer most if the bill is not passed.

Against this backdrop, the delay in the Nigerian Senate's passage of the bill is deeply concerning, despite its approval by the House of Representatives in December 2025. The delay stalls a reform process of national urgency. Once the Senate passes the bill, the next stage is harmonization and transmittal to the president for immediate assent. These processes can be concluded within two weeks. Continuous delays will affect electoral preparations, increase legal uncertainty, and put the legitimacy of the 2025 elections at risk. A stitch in time saves nine.