Jega asks N/Assembly to amend ‘grey provisions’ in Electoral Act before 2027 polls

Jega asks N/Assembly to amend ‘grey provisions’ in Electoral Act before 2027 polls

Professor Attahiru Jega, former Chairman of the Independent National Electoral Commission (INEC), has called for an urgent amendment to the 2026 Electoral Act, warning that several controversial provisions could undermine the credibility of the 2027 general elections if left unaddressed.

Jega said that although the Act introduced reforms aimed at strengthening electoral integrity, it still contains “issues of serious concern” and ambiguous provisions that require immediate legislative review.

He made the call while presenting a paper titled “Some Reflections on the 2026 Electoral Act and Nigeria’s Electoral Democracy” at the public presentation of A Collection of Essays: Readings on the Legislature, authored by policy expert Prof. Ladi Hamalai, in Abuja.

The former INEC chairman identified key areas requiring urgent amendment, including Section 60(3) on electronic transmission of election results, Section 83(5), which bars courts from entertaining matters relating to the internal affairs of political parties, and Section 138(1), which excludes qualification as a ground for post-election petitions.

While commending the law for recognising electronic transmission of election results, Jega expressed concern over the provision that allows reliance on Form EC8A whenever electronic transmission fails. He warned that the clause could be exploited to manipulate election outcomes.

“Given what we know about the Nigerian environment and the desperation of the ‘do-or-die’ politicians, there shouldn’t be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit,” Jega said.

He also questioned the emphasis placed on the INEC Result Viewing (IReV) portal in determining election outcomes.

“Besides, there is an undue emphasis on reliance on data on the IReV portal for the final determination of results in case of transmission failure. If this is so, there is a misunderstanding of the fact that IReV transmitted data is for public ‘viewing’ purposes only.

“The data to be relied upon in result declaration should be the backend result compilation database, which ideally is more secure, not publicly accessible, and less susceptible to fraudulent intrusion,” he added.

Jega further criticised Section 83(5), describing it as an overreaching provision that unjustifiably shields political parties from judicial scrutiny, especially where constitutional rights are involved. He also faulted the removal of qualification as a valid ground for post-election litigation, arguing that the provision contradicts Section 131 of the 1999 Constitution.

“Besides, it is a very good provision in the previous acts, which has been put to good use, and there does not seem to be any rational justification for removing it; unless, of course, if some certificate fraudsters and qualification racketeers would like to have an unrestricted field day,” he said.

He urged the National Assembly to amend the identified provisions immediately in line with AU and ECOWAS protocols, which require electoral legal frameworks to be concluded at least six months before an election.

However, BusinessDay reports that with the 2027 general elections barely six months away under INEC’s revised timetable, prospects for fresh amendments appear uncertain. iNEC had fixed January 16, 2027, for Presidential and National Assembly elections and February 6, 2027 for governorship and state houses of assembly elections.

Beyond the 2027 polls, Jega advocated broader electoral reforms, including removing the president’s power to appoint the INEC chairman and national commissioners in order to strengthen the commission’s independence.