Attahiru Jega Demands Electoral Act Changes Before 2027 Polls

Professor Attahiru Jega, who previously served as Chairman of the Independent National Electoral Commission (INEC), has issued a strong appeal for immediate revisions to the 2026 Electoral Act. He cautioned that several clauses within the legislation could compromise the integrity of future elections if they remain unaddressed before the 2027 general elections.

Speaking in Abuja, Jega presented a paper titled "Some Reflections on the 2026 Electoral Act and Nigeria's Electoral Democracy." While acknowledging the overall positive intentions of the Electoral Act, he highlighted what he termed "issues of serious concern" and provisions that necessitate further scrutiny to eliminate ambiguities and enhance their efficacy.

Among the sections he identified for urgent review are Section 60(3), which pertains to the electronic transmission of election results; Section 83(5), which restricts court intervention in the internal affairs of political parties; and Section 138(1), which removes candidate qualification as a basis for post-election challenges.

Despite commending the Act for making electronic transmission of results mandatory, Jega voiced reservations about the clause that permits the manual result sheet, Form EC8A, to become the primary collation document if electronic transmission fails. He stated, “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.”

He further questioned the reliance on the INEC Result Viewing Portal (IReV) in instances where transmission encounters problems. Jega elaborated, “Besides, there is an undue emphasis on reliance on data on the IReV portal for 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.”

Regarding Section 83(5), which bars courts from hearing cases related to the internal operations of political parties, Jega described it as excessively broad and in need of moderation. He contended that the judiciary should retain the authority to intervene when constitutional rights or the rule of law are at stake.

Moreover, he challenged the constitutionality of excluding qualification as a ground for disputing election outcomes, pointing out that Nigeria's 1999 Constitution specifies minimum educational requirements for individuals seeking elective office. Jega remarked, “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.”

Jega pressed lawmakers to amend the Electoral Act in accordance with African Union and ECOWAS guidelines, which stipulate that changes to electoral laws must be finalized at least six months before a general election.

Beyond the 2027 elections, the former INEC boss advocated for more comprehensive electoral reforms. These include altering the appointment process for the INEC chairman and national commissioners, arguing that the president should not hold sole responsibility for these appointments. He also suggested unbundling INEC by delegating responsibilities such as prosecuting electoral offenders, constituency delimitation, and political party regulation to separate bodies, allowing the commission to focus solely on conducting elections.

Additionally, Jega proposed stricter legal criteria for political parties to field candidates and advocated for a reduction in campaign spending limits, asserting that the current thresholds encourage the commercialization of politics. He underscored that electoral reforms must stem from extensive national consultations and be guided by the goal of reinforcing democratic governance. He stressed, “But reform measures must be products of broad-based consultations, as nationalistic, patriotic and selfless endeavours by legislators, the government in power and key stakeholders, with a clear focus on adding remarkable value to electoral integrity and sustainable participatory democratic development.”

Jega also raised concerns about alleged misconduct within the judiciary, cautioning that certain judicial actions could erode public trust in the electoral process. He warned, “There are serious worrisome concerns emanating from the judicial quarters, in this regard, with willful acts by reckless judges/justices, acts of ‘judicial rascality’, which undermine not only electoral integrity and democratic development, but also integrity of the courts, and which the NJC (National Judicial Council) needs to swiftly nip in the bud.”

He concluded by emphasizing that while a robust legal framework is crucial for credible elections, it must be complemented by responsible political leadership, active citizen engagement, and strong institutions. Jega affirmed, “Indeed, all hands need to be firmly on deck, to ensure a conducive environment for the preparation and conduct of the 2027 general elections with integrity; and improving the prospects of stable, sustainable democratic development in Nigeria.”