New Electoral Act Proposes To Disqualify Parties Fielding Ineligible Candidates

Ahead of the 2027 general elections, the National Assembly has begun moves to overhaul Nigeria’s electoral framework.

The lawmakers held a joint public hearing on Monday on the repeal and re-enactment of the Electoral Act 2025.

The new bill proposes extensive reforms to the electoral system, including early voting for security personnel and election officials, voting rights for inmates, automatic party replacement for deceased or resigned lawmakers, and a single-day voting schedule for all elections.

It also seeks to reduce litigation timelines, curb frivolous reviews of election results, and disqualify political parties that field ineligible or fraudulent candidates.

Under the new provisions, any party presenting a candidate with false documents or ineligible credentials would be barred from participating in the election, alongside the disqualified aspirant.

Although the Senate and House of Representatives are considering separate versions of the bill, both chambers aim to fast-track the legislative process through a joint hearing.

The House version includes early voting and automatic party replacement for vacant legislative seats, while the Senate version omits both provisions.

The House bill empowers parties to nominate replacements when an elected member dies or resigns before the end of tenure, a measure supported by INEC and the Inter-Party Advisory Council.

The proposal also mandates INEC to set aside a date for early voting by security agents, journalists, domestic observers, and ad-hoc staff, who would not be allowed to vote again on election day.

On voter accreditation, the bill introduces new identification options such as an electronically generated voter ID with a unique QR code, in addition to the Permanent Voter Card.

To enhance financial independence, the proposed Act requires that funds for elections be released to INEC at least one year before the polls, a response to funding delays experienced during the 2023 general elections.

Spending Limits and Sanctions

The bill raises campaign spending limits; presidential candidates may now spend up to ₦10 billion (from ₦5 billion), while governorship candidates are capped at ₦3 billion. Senatorial, House of Representatives, and state assembly candidates face limits of ₦500 million, ₦250 million, and ₦30 million, respectively.

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No individual or entity may donate more than ₦500 million to a candidate.

It further imposes fines of ₦5 million on candidates and ₦10 million on political parties that submit false information or field unqualified candidates.

INEC Transparency and Legal Provisions

To prevent future disputes over missing party logos, the Commission must invite all political parties 60 days before elections to verify their symbols on ballot materials.

The bill is largely silent on the electronic transmission of results, though it mandates presiding officers to transmit results using the total accredited voter figures, while giving returning officers limited power to review results declared under duress.

Resident Electoral Commissioners who fail to release certified true copies of documents within seven days would face two years’ imprisonment without an option of fine.

The proposed law also raises registration fees for new political parties to ₦50 million, and introduces a ₦20 million penalty for submitting false information.

Litigation and Election Timelines

The bill shortens judicial timelines: election petitions must be filed within 21 days of the result declaration, with tribunals delivering judgment within 90 days (Senate version allows 150 days). Appeals must be resolved within 60 days.

Pre-election cases are to be concluded within 90 days, with appeals filed within 14 days.

The bill forbids courts from stopping primaries or elections during litigation and imposes fines of ₦10 million on petitioners and ₦5 million on counsel for frivolous suits.

It also specifies that all general elections must be held on the same day, not earlier than 210 days and not later than 30 days before the expiration of tenure, aiming to end staggered voting across the federation.

Party Primaries and Delegates

Only members listed in a party’s register—submitted to INEC 30 days before primaries—will be eligible to vote or be voted for. Political appointees are barred from serving as delegates or contesting during primaries.

Any aspirant dissatisfied with the conduct of primaries may seek redress at the Federal High Court, but a party found to have violated the Act will be barred from fielding candidates in the affected election.

Furthermore, any person who induces delegates financially or materially during primaries faces two years’ imprisonment without the option of a fine.

Grounds for Petition

An election may only be challenged on the grounds of corrupt practices, noncompliance with the Act, or lack of a majority of lawful votes. Acts contrary to INEC directives but not the law itself cannot serve as grounds for nullification.

The bill also introduces a “force majeure” clause to extend legal deadlines in cases of war, natural disasters, or national emergencies.

The Electoral Act repeal and re-enactment bill marks the most comprehensive effort since 2022 to refine Nigeria’s electoral process and reduce post-election disputes before the 2027 general elections.

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Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.

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