Fixing Nigeria's Electoral System: A Critical Analysis of the Electoral Act 2022 and the Electoral Act 2026

Abstract

The strength of an electoral system is the bedrock of constitutional democracy as it is the foundation of the legitimacy of political power, the accountability of elected officials and the trust of citizens in democratic institutions. The Electoral Act 2022, which contained technological innovations, enhanced party party regulation and expanded the administrative powers of the Independent National Electoral Commission (INEC), was however found wanting during the conduct of the 2023 General Elections due to legal ambivalences, institutional weaknesses and inconsistent judicial rulings, which led to the enactment of the Electoral Act 2026 repealing the 2022 Act and adding compliance provisions for party party administration, digital members' registration and internal party party disputes. This paper critically analyzes doctrinal provisions of the Electoral Act 2022 and 2026, constitutional principles, judicial decisions as well as institutional implementations in order to examine the transition from Electoral Act 2022 to Electoral Act 2026. It concludes that electoral reform through legislation should be clear, independent of institutional interference, effective and interpreted by courts of law in a consistent and constitutional manner that would enhance democratic governance and electoral integrity, if to achieve this, electoral reforms must be sustainable.