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On Wednesday, President Bola Tinubu signed the Election Act Repeal and Amendment Act into law, concluding a reform process that has been in motion since the end of the 2023 general election.

The legislation caused controversy, particularly over the adjustment of key clauses by the Senate. In the original draft, real-time electronic transmission of results was stipulated. During clause-by-clause consideration, however, the Senate moved to make transmission discretionary to the Independent National Electoral Commission (INEC).

The proposal did not sit well with the public. Civil society organisations, election observers and members of the public argued that making transmission optional would weaken one of the  transparency safeguards introduced after years of agitation.

Under pressure, the Senate restored the clause mandating electronic transmission, albeit with a caveat.

The qualification allows INEC to resort to manual transmission where it determines that electronic transmission is not practicable. This again generated a new round of protests and debates. Policy advocates argue that the discretion could be abused and would leave the commission with too wide an interpretive latitude.

Another round of opposition followed. Members of the minority caucus in the House of Representatives joined calls for a reversal. But in a surprising turn, the House aligned with the Senate’s adjustments less than 24 hours after a legislative back and forth.

On Tuesday, the National Assembly passed the harmonised bill and, within 24 hours, the President assented to the 100-plus-page law. This It will now regulate the 2027 elections.

Beyond the now widely debated Section 60(3), FIJ has picked out and explained several other provisions in the amended law that will directly affect voter participation, campaign financing and electoral accountability.

Note: The final consolidated version of the Act has not been made publicly available. This analysis relies on the draft version before Senate deliberations, with confirmed amendments incorporated where publicly reported.

VOTER REGISTRATION IS STRICTER

Section 10(2) narrows the documents acceptable for voter registration to three: the National Identity Number, a Nigerian passport or a Nigerian birth certificate.

Under the Electoral Act 2022, there was no express list of acceptable identification documents. The law sets out eligibility conditions, namely that a registrant must be a Nigerian citizen, at least 18 years old, provide personal information and undergo biometric capture.

INEC, in practice, accepted multiple forms of identification, including driver’s licences, national identity cards and NIN slips.

The amended law replaces that administrative flexibility with statutory limitation. Documents outside the three listed will no longer suffice for registration. This change does not affect the act of voting. The Permanent Voter Card remains the only recognised document for casting a vote at the ballot.

Notably, the earlier draft of the bill proposed allowing alternative identification tools for accreditation, including electronic identity cards, QR-coded voter cards, the NIN and passports. The basis for this was technical. The Bimodal Voter Accreditation System verifies fingerprints and facial data instead of reading PVC chips. The Senate deleted that provision, thereby retaining the PVC as the sole voting ticket.

PRISONERS CAN NOW VOTE

Sections 12(1)(d) and 12(2) expressly recognise the right of inmates to register and vote. Section 12(2) provides that for registration purposes, an inmate shall be regarded as ordinarily resident at the place where he is lawfully imprisoned or incarcerated. This resolves the residency requirement that previously posed a legal brick wall to inmate voting.

INEC will now be required to create a framework for voter registration and voting within correctional facilities ahead of the 2027 elections.

ELECTION FUNDING LIMITS EXPANDED

The amended law significantly increases campaign spending ceilings across all elective offices. Presidential candidates may now spend up to N10 billion, doubling the N5 billion cap under the 2022 Act.

Governorship candidates move from N1 billion to N3 billion. Senatorial candidates move from N70 million to N500 million. For the House of Representatives, the ceiling increases from N30 million to N250 million. State House of Assembly candidates move from N30 million to N100 million.

Individual donation limits increase from N50 million to N500 million. For Area Council elections, the law sets maximum spending at N60 million for chairmanship candidates and N10 million for councillorship candidates.

Unlike the 2022 Act, the amended law expressly prescribes penalties for breaches. Exceeding spending limits attracts a N5 million fine and forfeiture of excess funds to INEC.

ELECTION SANCTIONS RESTRUCTURED

From 2027, vote buying and selling are expressly criminalised. The Electoral Act 2022 addressed bribery and undue influence in broad terms but did not define vote buying as a standalone offence. The amended law does.

Unlawful possession, purchase or sale of PVCs attracts fines of up to N5 million.

The law also criminalises obstruction of voter registration. Any person who uses threats or intimidation to prevent another from registering faces a fine of up to N5 million.

Manipulating the voter register, whether by registering in another person’s name, submitting false information or procuring the registration of a fictitious person, attracts penalties of up to N100,000.

It is important to note that the National Assembly removed custodial sentences proposed in the original draft. Earlier provisions prescribed prison terms for vote trading, intimidation and impersonation, as well as periods of disqualification from contesting elections.

In the original draft, buying or selling PVCs could attract not less than two years in prison and ineligibility to stand for election for 10 years. But NASS removed these provisions. NASS also removed the five-year imprisonment clause for threats and intimidation and the one year for impersonation or false information.

Those sanctions were deleted during deliberations and replaced with steeper financial penalties.

ELECTION TIMETABLE ADJUSTED

The amended law shortens the mandatory notice period INEC must give before conducting elections.

Under the Electoral Act 2022, INEC was required to issue notices at least 360 days before elections. The revised law reduces that timeline to 300 days.

During legislative debates, lawmakers argued that the adjustment would give INEC more flexibility in sequencing primaries, nomination processes and general election logistics.

The reduction forms part of the recalibration of the electoral timetable and shifts more scheduling discretion to the commission.