E-Transmission Mandatory, NASS Overhauls Electoral Act.

The Observer
3 Min Read

• Moving governorship and presidential polls to November 2026,

-introducing early voting for security/media, and criminalizing unstamped ballot papers.

 

The National Assembly is proposing a significant shift in Nigeria’s electoral calendar, with a draft amendment to the 2022 Electoral Act mandating that presidential and gubernatorial elections be held in November 2026, moving away from the traditional February/March timeline.
The proposal emerged on Monday during a public hearing organized by the joint committee of the Senate and House of Representatives on electoral matters.

Key Proposed Changes
The draft amendments aim to ensure that all election litigation is concluded before winners are sworn in on May 29.
• Earlier Election Date: A new Section 4 (7) stipulates that elections into the office of the President and Governor “shall be held not later than 185 days before the expiration of the term of office of the last holder,” which calculates to November 2026.
• Time for Litigation: Adebayo Balogun, Chairman of the House Committee on Electoral Matters, explained that the goal is to reduce the time for tribunal and appellate court judgments to allow the resolution of all petitions before inauguration.
• Constitutional Alignment: To implement this, Sections 76, 116, 132, and 178 of the Constitution will also be amended to move the determination of election timelines from the Constitution to the Electoral Act.

Other Major Amendments
• Mandatory Electronic Transmission: A new Section 60 (5) makes the electronic and manual transmission of results, including the total number of accredited voters, compulsory for the Presiding Officer. Penalties are prescribed for non-compliance.
• Early Voting: Section 2 introduces a provision for early voting not later than 14 days before the main election. Categories eligible include security personnel, INEC officials, accredited observers, journalists, and ad hoc staff.
• PVC Requirement Relaxed: The amendment also proposes making the use of the Permanent Voter Card (PVC) non-compulsory.
• New Offences: The draft criminalizes the distribution of unstamped ballot papers and result sheets, punishable by one-year imprisonment or a fine of N1 million, or both.
All stakeholders at the hearing, including the Independent National Electoral Commission (INEC), reportedly aligned with the joint committee’s proposals.

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