Nigeria’s 2026 Electoral Act, signed into law by President Bola Tinubu last week, has drawn criticism from civil society groups and opposition leaders who argue it may not effectively prevent election fraud or enhance transparency. The law, which allows for both digital and manual transmission of election results, has been described by some as a step backward in the country’s democratic journey.

Controversy Over Dual Transmission Mechanisms

The bill permits the use of Form EC8A, a manual method of collating election results, alongside digital transmission. Critics argue that this dual approach risks reintroducing the kind of glitches that plagued the 2023 presidential election, when disputed results led to widespread unrest. According to Monday Philips Ekpe, a political commentator, the law fails to address the technical infrastructure needed to ensure reliable real-time electronic transmission of results.

“What is crucial is the fact that you manage the process to the extent there will be no confusion, no disenfranchisement of Nigerians, and that we are all going to see democracy flourish,” Ekpe said in an op-ed. He added, “It’s the manual, essentially. The transmission of that manual result is what we’re looking at. And we need to avoid glitches — I’m glad you did — interference, unnecessary hacking in this age of computer inquisitiveness.”

Legislative Divide and Public Disappointment

The House of Representatives had initially pushed for a fully digital system to ensure transparency, but the Senate ultimately compromised, allowing for both manual and digital methods. This legislative split has left many citizens confused and disillusioned. According to Ekpe, the fusion of the two chambers’ positions was “heartbreaking” and “unexpected” given the high stakes of the electoral process.

“Harmonising the opposing stands of the red and green chambers is normal and actually adds to the grace of the legislative enterprise,” he wrote. “Exactly how the positions of the senators and representatives managed to become fused within hours has left the citizenry heartbroken and confused. But certainly not unexpected.”

President Tinubu expressed satisfaction with the passage of the law, calling it a “keenly followed deliberation” and a “resolution to be exultant over.” However, some analysts have questioned whether the law truly addresses the concerns of the Nigerian electorate, who have long demanded a more strong electoral system.

Impact on Voter Confidence and Democratic Progress

The new law has been criticized for potentially exacerbating voter indifference, which has been a growing concern in Nigeria’s democratic process. According to Ekpe, the current electoral system has failed to make voting a meaningful and respected part of the democratic project. “Unfortunately, our politicians have carried on as if the Nigerian voter is an inconsequential quantity,” he said.

Critics argue that the law does not adequately address the need for technological upgrades to ensure accurate and real-time results. “Even the big tech companies which literally own the technology and craft upon which contemporary information and communication are built are not free from occasional dysfunctionalities,” Ekpe added.

Despite these concerns, the Independent National Electoral Commission (INEC) Chairman, Prof. Joash Amupitan, has acknowledged the shortcomings of recent elections and has called for improvements. “The boldness with which the INEC has denounced its shortcomings in the recent electoral exercises indicates the possibility of happier times ahead,” Ekpe noted.

The law has also drawn attention to the recent council elections in the Federal Capital Territory (FCT), where critics argue the new legislation may have created opportunities for exploitation. “Most of the people rejoicing are painted as the potential exploiters and beneficiaries of the loopholes contained therein,” Ekpe said.

As Nigeria moves forward with the new electoral law, the question remains whether it will help restore public confidence in the electoral process or further erode trust in democratic institutions. With the country’s democratic journey still fragile, the implementation of the 2026 Electoral Act will be closely watched by both domestic and international observers.