New Electoral Act seen worsening voter apathy, fraud

…As controversial clause remains unchanged

…Mixed reactions greet Tinubu’s swift endorsement

The signing of the 2026 amended Electoral Act into law last week by President Bola Ahmed Tinubu has continued to generate mixed reactions across the political spectrum in Nigeria.

President Tinubu signed the amendment into law at the Presidential Villa after months of debate, review and amendments by both chambers of the National mAssembly.

The amendment, which was transmitted to the Presidency a day earlier by the leadership of the National Assembly, was assented to despite sustained calls and protests from opposition parties and civil society organisations for a review of clauses they describe as capable of undermining transparency in future elections.

The stakeholders argue that the failure to substantially address concerns around key provisions, particularly those relating to the management and transmission of election results could deepen voter apathy and create loopholes for manipulation ahead of the 2027 general election.

Many experts say the timing and content of the amendment have heightened fears about the credibility of the electoral process.

However, speaking shortly after signing the bill, Tinubu commended lawmakers for what he described as solid brainstorming discussions aimed at strengthening democratic governance and national stability.

He maintained that the priority of the new law is to ensure that elections are managed in a manner that prevents confusion and disenfranchisement.

Opposition politicians seem unimpressed by the work of the federal lawmakers, especially the refusal to include clauses for transmission of results electronically in real time.

Ladipo Johnson, national publicity secretary of the New Nigeria Peoples Party (NNPP), told BusinessDay that the entire process has made it clear to Nigerians that the current administration is not committed in any way to deepening and improving our democracy.

“It should be known by all voters and all who seek a better Nigeria that the national assembly and the presidency had a golden opportunity to improve upon and secure our electoral system, but they blatantly chose instead, to leave the door open for fraudulent manipulation of the system! These are the people running Nigeria,” Ladipo said.

Read also: CSOs describe Electoral Act assent as missed opportunity for transparency

Controversial clause remains intact

At the heart of the controversy is the retention of the clause that does not expressly mandate real-time electronic transmission of election results from polling units.

Civil society organisations and opposition parties had lobbied lawmakers to include explicit provisions compelling the Independent National Electoral Commission (INEC) to transmit results electronically and in real time to prevent manipulation during collation.

Critics argue that leaving such a crucial matter to the discretion of the electoral body creates ambiguity. They insist that without a clear legal obligation, technological deployment could be inconsistently applied, potentially weakening safeguards against interference.

In the last few days, before the bill was passed by the National Assembly, many Nigerians, including prominent opposition figures, CSOs had gathered at the National Assembly to protest and pressure the lawmakers to include real time amendment to make real-time electronic transmission compulsory.

Last Tuesday, the Nigeria Police Force dispersed, with tear gas, demonstrators who gathered at the National Assembly in Abuja; among those affected by the dispersal were activist and former presidential candidate Omoyele Sowore and former minister Solomon Dalung.

Two people were reported to have also collapsed following exposure to the tear gas.

Proponents of the amendment counter that the law does not prohibit electronic transmission but rather allows flexibility.

According to them, rigidly mandating electronic processes in a country with uneven network coverage and infrastructural challenges could create logistical complications and grounds for litigation.

“While I acknowledge there are concerns about certain provisions of the newly signed Electoral Act, I still consider it a step forward in strengthening our electoral process. No reform is perfect at inception, but incremental progress can be made,” Hammed Muritala, public affairs commentator, said.

Fear of growing voter apathy

Voter Apathy in Nigeria’s general election in the last one and half decade has become alarming.
This has necessitated stakeholders’ call for a drastic action to be done. Recently, the National Assembly proposed legislation to make voting compulsory in the country.

For example, leading up to the 2023 polls Of the 93.5 million registered voters, only 87.3 million had collected permanent voter cards on election day, and less than a third of them ultimately cast a ballot. Turnout overall was just 27 per cent, a record low.

Experts say it reflects growing public frustration over economic hardship, governance challenges, and concerns about electoral credibility.

Political analysts warn that the broader implication of the amendment could be a deepening of voter apathy.

“Most of us were disappointed with the way INEC handled the 2023 polls, despite the promises, election results were not transmitted”, Kinsley Uzo, a banker said.

“With the way that bill was amended again by lawmakers, I don’t believe election will be free and fair, I rather not bother myself,”

Political analysts say that public confidence in the electoral system plays a critical role in citizen participation. Across Nigeria, doubts persist among citizens whether their votes will count in 2027; this has affected their enthusiasm towards next year’s general election.

John Usan, a constitutional lawyer, noted that democracy thrives on trust.

“When electoral reforms appear to move sideways instead of forward, citizens may question the value of their participation,” he said.

Read also: FCT Polls: Voters Lament BVAS Glitches as Voting Ends in Waru 002 Polling Unit

Opposition parties, CSOs raise the alarm

Opposition parties and civil society organisations have questioned the amendment by the federal lawmakers, saying that it may erode public confidence in Nigeria’s democracy.

They wondered why the lawmakers refused to insert the provision that would allow for transmission of results electronically and in real time to prevent manipulation during collation.

The Movement for Credible Elections said with their action the National Assembly has preserved precisely the grey zones that have historically undermined electoral credibility in previous elections.

The organisation condemned the House of Representatives for reversing its earlier commitment to real-time electronic transmission of election results, aligns itself with the senate’s position, which it said is weakened and ambiguity-laden text.

“When lawmakers dilute transparency safeguards ahead of a general election cycle, they set the stage for doubt, dispute, and destabilisation.

“In a country scarred by contested results, litigation, and post-election instability, this retreat is not neutral. It signals a preference for opacity over transparency.

“The chaos that reportedly accompanied the plenary only deepens concern. When fundamental electoral safeguards are altered amid shouting matches, voice votes, and walkouts, citizens are right to question whether democratic procedure is being used to weaken democratic substance”, the group said in a statement.

The Movement for Credible Elections warns that the legislative regression imperils public trust in the 2027 election before the first ballot is even cast, if left uncorrected. It risks igniting another crisis of legitimacy- one that will not be resolved by rhetoric after the fact.

Similarly, the leaders of the Peoples Democratic Party (PDP), Labour Party (LP), and African Democratic Congress (ADC) also criticised the development, describing it as a setback for electoral reform.

Some opposition figures argue that Nigerians had expected the National Assembly to strengthen, not dilute, the legal framework governing elections.

They contend that ambiguities in result transmission procedures have historically fuelled disputes and post-election court battles.

“It is shameful for Nigeria and the APC, codifying mandatory electronic transmission would have reduced human contact in the results collation process. But what they did now is to dance to what Tinubu said, give way to rigging,” Tunde Ogundimu, a politician said.

APC defends amendment

The ruling All Progressives Congress (APC) has dismissed claims that the amendment weakens electoral integrity. Party loyalists argue that the law still empowers INEC to deploy technology where feasible and appropriate.

According to APC supporters, critics are politicising a technical matter. They maintain that effective election management requires administrative discretion and adaptability, especially in a country with vast rural communities and varying levels of infrastructure.

INEC’s role under scrutiny

Stakeholders say Nigerians must begin to demand fairness and accountability from all actors in the electoral process. For that, they say attention must now shift to how the INEC interpret the amended Act.

Political analysts say much will depend on the commission’s guidelines, operational preparedness, and communication with the public.

Experts say that regardless of the wording of the law, transparent implementation and clear procedures will be essential to maintaining public confidence.

“The credibility of future elections may hinge less on legislative text and more on institutional performance. I doubt if the current INEC can stand its foot, without influence of politicians,” Lola Ogunde, a lawyer, said.