The National Assembly has limited the powers of the Independent National Electoral Commission (INEC) over the issuance of Certificates of Return to election winners, according to Senate Leader Opeyemi Bamidele.
Bamidele, representing Ekiti Central in the Senate, highlighted Clause 72(2) of the newly signed 2026 Electoral Act, which empowers a court to order the swearing-in of any candidate declared the winner of an election if INEC fails, refuses, or neglects to issue the Certificate of Return.
He explained: “A certified true copy of order of the court shall be sufficient for the purpose of swearing-in any candidate declared as the winner of an election by the court where INEC fails, refuses, or neglects to issue the certificate of return.”
According to Bamidele, the provision, as ENigeria Newspaper learnt, addresses cases where INEC’s refusal to issue Certificates of Return has previously delayed the swearing-in of duly elected officials.
A similar reform restraining INEC from inflicting any injurious action against contenders in an election is outlined in Clause 74(1) of the Electoral Act. “The clause specifically mandates the Resident Electoral Commissioner (REC) to release the certified true copy of any document within 24 hours after payment has been made,” Bamidele said. “The failure to comply will attract an imprisonment of a minimum term of two years without an option of fine.”
The Senate leader also pointed to Section 3 of the new legislation, which establishes a dedicated fund for INEC to guarantee its financial autonomy, operational stability, and administrative continuity. “With this provision alone, INEC will operate with greater independence and quicker corrective powers,” he said, adding that election funds must now be released at least six months before the general election.
Other reforms include Section 47, which mandates all presiding officers “to use BVAS or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.”
Under Section 60(3), election results must now be transmitted electronically to the INEC Result Viewing Portal (IReV). Section 60(6) prescribes a “six-month imprisonment or a fine of N500,000 or both against any presiding officer, who willfully frustrates the electronic transmission of election results.” Bamidele explained, “This provision is consistent with public demands. It also stipulates another measure of consequence if any presiding officer refuses to electronically transmit the results from each polling unit to IReV.”
He stressed that IReV “is not a collation platform. It was designed to enhance transparency in our electoral process. An electronic collating system is a project that requires its own planning.”
The new framework also allows conditional use of Form EC8A to transmit results, but only if electronic transmission fails due to communication issues.
Finally, the 2026 Electoral Act eliminates indirect primaries, providing for only direct and consensus primaries under Section 84(1-2). According to Bamidele, this ensures broader participation by party members and reduces the influence of money in compromising delegates.
“The reforms introduced by the National Assembly under this new regime are designed to strengthen electoral transparency, protect candidates’ rights, and empower the judiciary to act when the Commission fails in its duties,” Bamidele concluded.
