ELECTORAL ACT 2026

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ELECTORAL ACT, 2026

LAWS OF THE FEDERATION OF NIGERIA

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EXPLANATORY MEMORANDUM

This Act repeals the Electoral Act No. 13, 2022 and enacts the Electoral Act, 2026, to regulate the conduct of Federal, State and Area Councils in the Federal Capital Territory elections.

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ARRANGEMENT OF SECTIONS

PART I — ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION

1.       Establishment of Independent National Electoral Commission

2.       Functions of the Commission

3.       Establishment of the Independent National Electoral Commission Fund

4.       Expenditure of the Commission

5.       Annual estimates and accounts

6.       Establishment of office in each State, Federal Capital Territory and Local Government Area

7.       Committees of the Commission

PART II — STAFF OF THE COMMISSION

8.       Secretary and other staff of the Commission

PART III — NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION

9.       National Register of Voters and voters’ registration

10.     Continuous registration

11.     Appointment of officers

12.     Qualification for registration

13.     Transfer of registered voters

14.     Demand for information regarding registration

15.     Power to print or issue register of voters

16.     Power to print or issue voters card

17.     Custody of voters’ register

18.     Power to issue replacement permanent voters’ cards

19.     Display of the copies of the voters’ list

20.     Revision officer for hearing of claims

21.     Proprietary rights in the voters’ card

22.     Offences of buying and selling voters’ cards

23.     Offences relating to register of voters

PART IV — PROCEDURE AT ELECTION

24.     Conduct and postponement of election in emergency

25.     Announcement and declaration of election results

26.     Oath of neutrality by election officials

27.     Appointment of other officers for the conduct of registration of voters and elections

28.     Notice of election

29.     Submission of list of candidates and their affidavits by political parties

30.     Prohibition of double nomination

31.     Withdrawal of candidate

32.     Publication of nomination

33.     Political parties changing candidates

34.     Death of a candidate

35.     Invalidity of multiple nomination

36.     Failure of nomination

37.     Contested election

38.     When poll is required

39.     Uncontested election

40.     Establishment of polling units

41.     Ballot boxes and voting devices

42.     Format of ballot papers

43.     Polling agents

44.     Notice of poll

45.     Hour of poll

46.     Display of ballot boxes

47.     Accreditation of voters and voting

48.     Right to challenge issue of ballot paper

49.     Separate queues for men and women

50.     Conduct of poll by open secret ballot

51.     Over voting

52.     Ballot not to be marked by voter for identification

53.     Accidental destruction or marking of ballot papers

54.     Visually impaired and incapacitated voters

55.     Personal attendance

56.     Voting at appropriate polling unit

57.     Impersonation by applicant to vote

58.     Conduct at polling units

59.     Closing of poll

60.     Counting of votes and forms

61.     Recount

62.     Post-election procedure and collation of election results

63.     Rejection of ballot paper without official mark

64.     Endorsement on rejected ballot paper without official mark

65.     Power of the Commission to review declaration

66.     Declaration of result

67.     Equality of votes

68.     Posting of results

69.     Custody of documents

70.     Step-by-step recording of poll

71.     Result forms to be signed and countersigned

72.     Certificate of return

73.     Forms for use at elections

74.     Access to election documents

PART V — POLITICAL PARTIES

75.     Powers of the Commission to register political parties

76.     Decision of the Commission subject to judicial review

77.     Political parties to be bodies corporate

78.     Contravention of section 227 of the 1999 Constitution

79.     Symbols of political parties

80.     Allocation of symbols

81.     Merger of political parties

82.     Notice of convention and congress

83.     Monitoring of political parties

84.     Nomination of candidates by parties

85.     Qualifications of aspirants and candidates

86.     Direct primaries

87.     Consensus Candidate

88.     Political appointee not eligible as a voting delegate or aspirant

89.     Offences in relation to finances of a political party

90.     Period to be covered by annual statement

91.     Power to limit contribution to a political party

92.     Limitation on election expenses

93.     Election expenses of political parties

94.     Disclosure by political parties

95.     Conduct at political rallies and processions

96.     Prohibition of certain conduct at political campaigns

97.     Prohibition of use of force or violence during political campaign

98.     Limitation on political broadcast and campaign by political parties

99.     Campaign for election

100.   Prohibition of broadcast, 24 hours preceding or on polling day

101.   Campaign based on religion or tribe

PART VI — PROCEDURE FOR ELECTION TO AREA COUNCIL

102.   Powers of the Commission

103.   Election to offices of Chairman, Vice-Chairman and Councillors

104.   Division of Area Council into registration area

105.   Qualification

106.   Disqualification

107.   Date of Area Council elections and method of voting

108.   Procedure for Area Council elections

109.   Procedure for nomination

110.   Election of Area Council Chairman

111.   Death of Chairman or Vice-Chairman before oath of office

112.   Dissolution of Area Council

113.   Vacation of seat of members

114.   Removal of Chairman or Vice-Chairman

115.   Permanent incapacity of Chairman or Vice-Chairman of an Area Council

116.   Performance of functions of Chairman or Vice-Chairman of an Area Council

117.   Recall

PART VII — ELECTORAL OFFENCES

118.   Offences in relation to registration

119.   Offences in respect of nomination

120.   Disorderly behavior at political meetings

121.   Improper use of voters cards

122.   Improper use of vehicles

123.   Impersonation and voting when not qualified

124.   Misconduct or dereliction of duty

125.   Bribery and conspiracy

126.   Requirement of secrecy in voting

127.   Wrongful voting and false statements

128.   Voting by unregistered person

129.   Disorderly conduct at elections

130.   Offences on election day

131.   Undue influence

132.   Threatening

133.   Offences relating to recall

PART VIII — DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS

134.   Proceedings to question an election

135.   Establishment of Area Council Election Tribunal

136.   Establishment of Area Council Election Appeal Tribunal

137.   Persons entitled to present election petitions

138.   Grounds of petition

139.   Certain defects not to invalidate election

140.   Nullification of election by Tribunal or Court

141.   Person elected to remain in office pending determination of appeal

142.   Legal representation of Commission

143.   Rules of procedure for election petition

PART IX — MISCELLANEOUS PROVISIONS

144.   Persons disqualified from acting as election officers

145.   Election expenses by the Commission

146.   Secrecy of ballot

147.   Prosecution of offence disclosed in election petition

148.   Trial of offences

149.   Inspection of documents

150.   Delegation of powers of the Commission

151.   Regulations

152.   Validation

153.   Procedure for Local Government Election in furtherance of paragraph 11 of Part II of the Second Schedule to the Constitution

154.   Repeal

155.   Interpretation

156.   Citation

Schedules

ELECTORAL ACT, 2026

An Act to repeal the Electoral Act, No. 13, 2022 and enacts the Electoral Act, 2026 to regulate the conduct of Federal, State and Area Councils in the Federal Capital Territory Elections; and for related matters.

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[COMMENCEMENT]                                      [18^TH FEBRUARY, 2026]

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