By Attahiru Jega
It is with great pleasure that I accept the invitation to be here as a presenter in this discussion on the 2026 Electoral Act, as part of the activities for the public presentation of this important book. I commend and congratulate the Author for yet another value addition to our knowledge on the Nigerian Legislature, legislation-making processes and dynamics of Nigerian democratic development.
Introduction
By way of introduction, I wish to begin by reminding us about some of the basics.
Since 1999, Nigeria has been in transition to democracy within the framework of liberal democracy, otherwise known as representative or electoral democracy.
Basically, in this type of democratic dispensation, periodic/regularly held elections are perceived as the major pillars. They are indispensable processes for constituting government and governance, because it is through elections that qualified and participating citizens elect and legitimize leadership in the executive, legislative and, in some cases, even in the judicial branches of government (Jega, 2023)
In the democratic dispensation that we have adopted and are trying to practice, only elected public officials who truly reflect the genuine choices of the electorate and who are responsible and responsive to citizens’ needs and aspirations could catalyse and drive good governance that could also, in particular, ensure the protection and defence of citizens’ rights and objective interests.
To bring this about requires continuous, concerted efforts to reform the electoral process and improve the integrity of the preparation and conduct of elections, which have a direct correlation with the quality of representation and governance, which are primary requirements for democratic development and consolidation.
Periodic review, updating, and reforming of the legal framework for elections, especially in countries in transition to democracy, such as Nigeria, are absolute requirements for democratic development and consolidation.
It is against this background that I review the 2026 Electoral Act and quest for sustainable democracy in Nigeria. In this presentation, I highlighted the evolution of electoral legal frameworks in Nigeria since 1999, briefly stated why the Electoral Act, 2026; identified some grey areas in the 2026 Electoral Act, advocated for further and better electoral legislation-making, and made a few recommendations.
Background to the 2026 Electoral Act
Good constitutional provisions and primary parliamentary legislation are necessary and required as the legal framework for elections in representative/electoral democracies such as Nigeria. In Nigeria, and in a few other electoral jurisdictions, such parliamentary legislation is popularly called an Electoral Act.
As International-IDEA (2014) has noted, there are three (3) categories of electoral reforms: those that involve constructive changes in the political environment within which an EMB operates; administrative reforms, which focus on changes and improvement related to the day-to-day work of an EMB; and legal/legislative reforms, which involve constructive changes and value additions to the legality and credibility of the processes, procedures, and regulations guiding the mandate of an EMB such as INEC.
An electoral act is a legal framework enacted by a legislature that regulates the conduct of elections, including voter registration, candidate nomination, campaign procedures, voting processes, vote counting, and the resolution of electoral disputes. It establishes the rules and procedures necessary to ensure that elections are conducted in a fair, transparent, and democratic manner (Norris, 2014).
The 2026 Electoral Act is supposed to represent value additions to the repealed 2022 Electoral Act, aimed at strengthening transparency, enhancing internal party democracy, enhancing the use of technology in elections, and modernizing electoral processes.
The author, Prof. Jega, was the immediate past Chairman of INEC.
