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A former Resident Electoral Commissioner of the Independent National Electoral Commission (INEC), Barrister Mike Igini, has expressed serious concerns that certain sections of the newly enacted Electoral Act 2026 could weaken safeguards at polling units and make it more difficult to challenge irregularities in the 2027 general elections.
Speaking on The Morning Show on Arise News, Igini, who served as REC in states including Akwa Ibom, raised the alarm during the interview aired live on April 22, 2026. He described some provisions as a step backward from the gains recorded in the 2022 Electoral Act, which was widely regarded as a significant improvement in Nigeria’s electoral framework.
Igini focused particularly on Section 63 of the 2026 Act, which he said grants presiding officers at polling units discretion to accept and count ballot papers that lack INEC’s official security features or serial numbers, provided the officer is “satisfied” with their authenticity.
He argued that the absence of an objective standard for such satisfaction creates a dangerous loophole that could allow the introduction of fake ballots. “A ballot paper that does not bear the official security features of INEC can now be accepted by a presiding officer,” Igini stated.
He further warned that politicians with access to INEC’s printing processes could exploit this provision to produce unauthorised ballots, undermining efforts to prevent rigging at the most critical stage of the voting process.
The former commissioner also criticised Section 137, which removes the mandatory requirement to join individual electoral officers, such as presiding or returning officers, as respondents in election petitions when misconduct is alleged.
According to Igini, this change could shield officials from direct accountability and complicate petitioners’ ability to prove specific irregularities. On Section 138, which outlines grounds for filing election petitions, Igini contended that it restricts challenges to only acts or omissions explicitly prohibited by the Act itself.
Violations of INEC guidelines or directives that are not codified as offences in the law would no longer provide valid grounds for petitions. “An act or omission contrary to INEC’s directives – but not explicitly against the law – cannot be used to challenge an election,” he explained. Taken together, these provisions could shift the real contest from polling units to prolonged legal battles in election tribunals, he said.
Igini urged INEC’s leadership to approach the National Assembly immediately for a review and amendment or repeal of the contentious sections, especially Section 63, before preparations for the 2027 elections advance further. President Bola Ahmed Tinubu signed the Electoral Act 2026 into law on February 18, 2026, after it was passed by the National Assembly.
The legislation includes positive elements, such as stronger statutory backing for the Bimodal Voter Accreditation System (BVAS) and electronic transmission of results through the INEC Result Viewing Portal (IReV).
However, critics argue that some amendments dilute earlier protections. The African Democratic Congress (ADC) has echoed Igini’s concerns, describing the hurried passage and assent of the bill as potentially advantageous to the ruling All Progressives Congress (APC) and calling for corrective action to safeguard electoral integrity.
INEC is yet to issue a detailed official response to Igini’s specific observations as of April 23, 2026, although the commission has repeatedly affirmed its commitment to credible elections supported by technology. Nigeria’s electoral history has been characterised by recurring allegations of ballot stuffing, result manipulation and weak enforcement of guidelines.
The 2022 Act introduced real-time result transmission and biometric accreditation in an effort to address some of these longstanding issues. Igini’s intervention highlights how technical details in electoral legislation can have far-reaching consequences for democratic outcomes.
As planning for the 2027 general elections intensifies, with presidential and National Assembly polls expected in January 2027, political parties, civil society organisations and citizens have been encouraged to examine the full provisions of the Act closely and advocate for any necessary refinements.
