RECs face two-year jail for withholding documents

Nigeria’s newly enacted Electoral Act, 2026, has introduced sweeping reforms aimed at strengthening electoral integrity, including a two-year jail term for any Resident Electoral Commissioner (REC) who withholds critical election documents.

The reforms were outlined in Abuja by Senate Leader, Opeyemi Bamidele, following two years of consultations and legislative work by the National Assembly of Nigeria.

The law also establishes a dedicated fund to guarantee the financial independence of the Independent National Electoral Commission ahead of the 2027 general election, with a requirement that election funds be released at least six months before polls.

Bamidele said the new framework mandates INEC to deploy the Bimodal Voters Accreditation System, maintain an electronic voters register, and strengthen accountability for election officials. He noted that any REC who fails to release a certified true copy of requested electoral documents within 24 hours after payment faces a minimum two-year prison sentence without the option of a fine.

The Electoral Bill was harmonised by both chambers of parliament — particularly over contentious provisions — before being transmitted to President Bola Ahmed Tinubu, who signed it into law within 24 hours of passage.

While the Presidency and the All Progressives Congress defended the amendments as necessary to deepen democracy, opposition parties argued that changes relating to party primaries, campaign funding and election timelines could favour the ruling party and weaken political competition.

Key provisions of the Act make electronic transmission of results to the INEC Result Viewing Portal mandatory and prescribe a six-month jail term or a N500,000 fine for presiding officers who deliberately obstruct the process. Where electronic transmission fails due to technical challenges, the law permits the use of manual documentation as guided by INEC.

The reforms also empower the commission to review questionable result declarations made under duress or procedural violations, while allowing court orders to substitute for certificates of return where INEC delays issuing them.

To curb electoral offences, the Act increases penalties for vote-buying, impersonation and result manipulation, recommending up to two years’ imprisonment or fines ranging from N500,000 to N2m upon conviction.

The new law eliminates indirect primaries, retaining only direct and consensus methods, and requires political parties to maintain digital membership registers submitted to INEC at least 21 days before primaries or conventions. Parties that fail to comply risk disqualification from fielding candidates.

Campaign spending limits were also revised upward, with the presidential cap raised to N10bn, governorship to N3bn, Senate to N1bn, and lower offices adjusted accordingly.

Additional provisions include accessibility measures for voters with disabilities, gender-sensitive voting arrangements where culturally required, and a N10m penalty for parties that fail to submit accurate audited financial returns.

Bamidele said the Electoral Act, 2026, is designed to strengthen institutional independence, improve transparency, enhance technological integration and reinforce accountability across Nigeria’s electoral system, ultimately reducing disputes and boosting public confidence in elections.