How Nigeria Could Reform The Electoral Act before the 2027 Elections

I read the recommendations of the Nigerian Bar Association (NBA)  to the House of Representatives on the Amendment of the Electoral Act 2022. Below is a summary of this village boy’s own recommendation

I am not a lawyer, but that will not stop a village boy from adding his voice to this.  Besides what the Learned Gentlemen have noted, I posit that INEC is allowed to operate a constitutional and statutory structure that renders it largely unaccountable for the integrity of its actions. That is unfortunate for Nigeria. My proposal is straightforward: Nigeria’s Electoral Act should be reformed to allow aggrieved candidates to sue INEC directly during electoral dispute resolutions, especially in instances where the Commission is alleged to have violated established procedures. Presently, the law channels grievances toward the declared winner, not the body that conducted the election. This approach fails to hold INEC responsible for lapses in compliance with electoral guidelines.

Consider this common scenario: two candidates contest an election, and one is declared the winner. The loser then sues the winner, even though the conduct and outcome were managed by INEC. Why is the candidate, and not the electoral umpire, the primary defendant? This misplacement of accountability shields INEC from the consequences of poor execution. If, however, INEC were legally compelled to defend its conduct and began to lose cases due to procedural failures, it would have a powerful incentive to reform its operations and uphold the integrity of the electoral process.

Such a shift would foster a system where both the winner and the loser are equally invested in ensuring that INEC strictly adheres to the rulebook. If INEC’s failure can nullify an election result, all stakeholders – including the likely winner – will be motivated to insist on compliance from the Commission.

At present, INEC exists as a passive player: its outcomes are binding, yet it faces little risk for procedural missteps. By making INEC legally answerable and allowing its actions to be scrutinized and challenged in court, we create a shared-responsibility model. In this model, the credibility of the process becomes a mutual interest for all candidates. That, indeed, is the pathway to a more transparent, accountable, and democratic electoral system in Nigeria.

More so, every rulebook by INEC should be treated as an extension of the Constitution. It is very offensive for lawyers to argue that guidelines created by INEC for the elections should be ignored because those documents are not in the Constitution. If the Constitution empowers the parliament to pass the INEC Act, bringing INEC into existence, that Constitution vests power to INEC to write manuals to run its operations. Where those manuals are adopted in line with the Constitution, they become valid documents which must be adhered to as part of the rulebook.

I do think that the Court must understand that reality. And closing that loophole will stop the procedural technicalities which have become common in the adjudication of electoral matters. In other words, if INEC makes BVAS mandatory, it is irrelevant if the Constitution does not mention BVAS, and not adhering to the rulebook on BVAS becomes a reason to cancel an election, as that election has been conducted outside the Constitution.

LinkedIn Version

Nigeria’s Independent National Electoral Commission (INEC) largely operates without accountability for its actions, which is detrimental to the nation. I propose reforming Nigeria’s Electoral Act to allow aggrieved candidates to directly sue INEC for procedural violations during election disputes.

Currently, grievances are directed at the declared winner, not INEC itself. This shields INEC from responsibility for its errors. For example, when a losing candidate sues the winner, even though INEC managed the election, INEC isn’t the primary defendant. This misplaces accountability. If INEC were legally compelled to defend its conduct and lost cases due to procedural failures, it would be incentivized to improve operations and uphold electoral integrity.

This shift would create a system where all stakeholders, including winners, are invested in INEC’s adherence to rules. If INEC’s failures could nullify results, everyone would push for its compliance.

Currently, INEC’s outcomes are binding, but it faces minimal risk for missteps. Making INEC legally accountable and allowing its actions to be challenged in court fosters a shared-responsibility model, where process credibility is a mutual interest. This leads to a more transparent, accountable, and democratic Nigerian electoral system.

Furthermore, every INEC rulebook should be treated as a constitutional extension. It’s problematic for lawyers to argue that INEC guidelines should be ignored because they aren’t explicitly in the Constitution. The Constitution empowers Parliament to create INEC and vests INEC with the power to create operational manuals. When adopted constitutionally, these manuals become valid and must be adhered to. Courts should recognize this, closing loopholes that lead to procedural technicalities in election adjudication. For instance, if INEC mandates BVAS (Bimodal Voter Accreditation System), non-adherence should be grounds for cancellation, as the election was conducted outside the established rules.

PRESS RELEASE

NBA ELECTORAL REFORM COMMITTEE PRESENTS CRUCIAL RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON THE AMENDMENT OF THE ELECTORAL ACT 2022

Abuja, Nigeria — July 18, 2025

The Electoral Reform Committee of the Nigerian Bar Association (NBA), led by its Chairman, Dr. Monday Onyekachi Ubani, SAN, has formally presented a comprehensive memorandum to the House of Representatives Committee on Electoral Matters, urging the National Assembly to effect far-reaching amendments to the Electoral Act 2022.

The delegation was received by the Chairman of the House Committee, Hon. Balogun, alongside the Clerks of both the House and the Senate. The Chairman of the Senate Committee on Electoral Matters, who was unavoidably absent, is expected to receive the NBA team at a rescheduled meeting.

The President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, who would have been part of the delegation, was unavoidably absent due to an official engagement.

Key Recommendations Presented by the NBA Electoral Reform Committee Include:

1. Legal Standing in Pre-Election Matters
   Amendment of Section 29(5) to restrict the right of action to only aspirants within the same political party, and retention of the 14-day filing window under Section 29(8) for timely resolution.

2. Candidate Substitution
   Amendment of Section 33 to allow substitution only in cases of death or voluntary withdrawal, backed by affidavit and documentation.

3. Internal Party Democracy
   Strengthening Section 84 to empower INEC with oversight on primaries, mandate early submission and publication of delegate lists, and sanction defaulting parties.

4. Technology and Electoral Integrity
   Amendments to Sections 47 and 60 to:

Make BVAS mandatory for voter accreditation;

Make BVAS data binding as the official accreditation record;

Legally recognize electronic transmission of results to IReV;

Penalize INEC officers who fail to transmit results electronically.

1. Documentary Evidence in Petitions
   Clarification of Section 137 to accept certified documents (e.g., BVAS logs, IReV screenshots, EC8A forms) as sufficient proof of irregularities, minimizing the need for oral testimony.

2. Electoral Offences Commission
   Establishment of an independent Commission with prosecutorial powers to address vote-buying, violence, result manipulation, and misconduct by electoral officers.

3. Early Voting for Election Officials
   Introduction of early voting for INEC officials, accredited security personnel, journalists, and observers to improve neutrality and efficiency on election day.

4. Legal Status of INEC Guidelines
   Grant statutory force to INEC’s guidelines and regulations issued under the Act to enhance compliance and uniformity.

5. Harmonization of Election Dates
   Recommendation for all elections to be conducted on the same day nationwide to reduce cost and enhance integrity.

6. Other Recommendations

Binding INEC Timetables to promote certainty and accountability;

Jurisdictional clarity in election-related cases to avoid forum shopping;

Harmonized timeline for public officers’ resignation before contesting elections;

Pilot diaspora voting for Nigerians in foreign missions during presidential elections.

Commitment to Electoral Reform

In his remarks, Dr. M.O. Ubani, SAN, reaffirmed the NBA’s unshakable commitment to credible elections in Nigeria. “We are optimistic that these amendments, if adopted, will pave the way for a more transparent and inclusive electoral process in 2027 and beyond,” he stated.

Mr. Sam Itodo, Alternate Chairman of the Committee, also attended the session and emphasized the alignment of these proposals with global democratic standards.

Encouragingly, feedback from the lawmakers suggests that many of the NBA’s recommendations are already being incorporated in the ongoing legislative review of the Electoral Act.

The NBA Electoral Reform Committee will continue to engage with the National Assembly to ensure the successful passage of these reforms.

Signed:
Dr. M.O. Ubani, SAN
Chairman, NBA Electoral Reform Committee

Mr. Sam Itodo
Alternate Chairman, NBA Electoral Reform Committee

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