CULLED FROM NEWSHEREANDTHERE MAGAZINE
Oludotun Sowemimo is a legal practitioner, public policy commentator, and advocate of constitutional democracy . In this exclusive interview with NEWSHEREANDTHERE, the legal expert dissected the Electoral Act 2026 and what it means for Nigeria’s political future. From BVAS upgrades to campaign finance reforms and stiffer penalties for electoral fraud. How the Act can reshape voting, contest, and trust elections.
ADEWUMI ADEMIJU brings the report:
The Electoral Act 2022 was hailed as a turning point, yet implementation gaps persisted. In your view, what are the 2-3 most critical changes or amendments in the 2026 Electoral Law that can actually alter political behavior in Nigeria, not just on paper?
The true measure of an electoral law is not what it promises but what it compels.
For too long, Nigeria has suffered from what I call “legislative optimism and operational disappointment”—beautiful provisions weakened by poor enforcement. The most consequential reforms in the 2026 Electoral Law are those capable of changing incentives and behaviour.
First, stronger sanctions for electoral misconduct.
Politicians obey consequences more readily than principles. Where vote-buying, result manipulation, unlawful campaign financing, or interference with electoral officials attract swift investigation, prosecution, and meaningful penalties, political actors begin to recalibrate their conduct. Deterrence remains the most effective language of compliance.
Second, clearer legal obligations regarding electronic accreditation, result management, and transparency.
Ambiguity is often the refuge of manipulation. The more the law removes discretion from critical electoral processes, the less room there is for post-election controversy.
Third, enhanced accountability mechanisms for political parties.
Our democracy is increasingly shaped by party institutions rather than individual candidates.
Reforms that compel transparency in party administration, membership registers, delegate selection, and candidate nomination processes have the potential to transform the political ecosystem from within.
Ultimately, the greatest reform is not technology; it is accountability. Technology records events. Accountability changes behaviour.
Party Primaries & Internal Democracy
One recurring flaw in our democracy is the conduct of party primaries. How does the 2026 amendment address candidate selection, imposition, and litigation? And do you think it will reduce the “money politics” and backroom deals that often disenfranchise voters?
The greatest threat to democracy is often not found at the general election; it begins long before the ballot paper is printed.
Party primaries remain the weakest link in Nigeria’s democratic chain. Candidate imposition, opaque delegate systems, and endless pre-election litigation have undermined public confidence and weakened internal democracy.
The 2026 amendment seeks to address this by strengthening oversight of nomination processes, clarifying procedural requirements, and reducing areas of uncertainty that frequently generate litigation.
However, laws alone cannot manufacture democratic culture.
Money politics thrives because political influence is often concentrated in the hands of a few gatekeepers. If a handful of delegates can determine outcomes, financial inducement becomes more attractive than persuasion.
The real test is whether political parties become institutions governed by rules rather than platforms controlled by interests.
I expect some reduction in arbitrary candidate imposition and procedural disputes. However, the deeper challenge of money politics requires a combination of campaign finance transparency, enforcement, civic vigilance, and political education.
Democracy cannot flourish where nomination is for sale and leadership is for auction.
Technology, Trust & Enforcement
From BVAS to IReV, technology has become central to electoral credibility. What new legal backing or penalties does the 2026 law provide for technological failure, manipulation, or non-transmission of results? Is the law now strong enough to hold INEC and political actors accountable?
Modern elections are increasingly won or lost on public confidence in the integrity of technology.
The introduction of BVAS and electronic result management marked a significant shift in Nigeria’s electoral landscape. Yet technology is only as credible as the legal framework supporting it.
The 2026 law’s most important contribution is the effort to provide clearer legal consequences for unauthorized interference, manipulation of electoral technology, tampering with digital records, and deliberate obstruction of prescribed technological processes.
This is important because electoral credibility depends on three pillars:
Technology. Transparency. Enforcement.
Technology without transparency breeds suspicion.
Transparency without enforcement breeds frustration.
Enforcement without independence breeds selective justice.
The law appears stronger than before. Whether it is strong enough depends on implementation. A statute does not enforce itself. Institutions do.
The question is not whether Nigeria has sufficient laws. The question is whether violations will be investigated promptly, prosecuted impartially, and punished consistently regardless of political status.
That is where true accountability resides.
Women, Youth & Inclusion
Despite advocacy, representation of women and youth remains low. Does the 2026 Electoral Law/amendment contain any provisions that meaningfully lower barriers for marginalized groups to contest and win elections? If not, what legal gaps still need urgent reform?
A democracy cannot claim to represent the people when significant segments of the population remain underrepresented in governance.
Nigeria’s women constitute nearly half the population. Our youth constitute the majority demographic. Yet political representation remains disproportionately low.
While the 2026 reforms may encourage broader participation through administrative and procedural improvements, they do not, in my view, sufficiently dismantle the structural barriers confronting women, young people, persons with disabilities, and other historically marginalized groups.
The greatest barriers remain:
Excessive nomination costs;
Political violence and intimidation;
Patronage-driven party structures;
Limited access to campaign financing;
Cultural and institutional biases.
The law should move beyond encouragement toward measurable inclusion.
Future reforms should seriously consider stronger incentives for political parties, enhanced financial support mechanisms, enforceable inclusion benchmarks, and greater protection for vulnerable candidates.
Representation is not charity. It is democratic necessity.
A legislature that looks like its people is more likely to legislate for its people.
Impact on Nigeria’s Political Development
Beyond elections, law shapes political culture. Looking 10 years ahead, how do you see the 2026 Electoral Law influencing party discipline, voter confidence, and the quality of leadership that emerges? Is this amendment a foundation for democratic consolidation or just another cycle of reform?
Laws do not merely regulate behaviour; over time, they shape culture.
Ten years from now, the success of the 2026 Electoral Law will not be measured by the number of amendments it introduced but by whether Nigerians trust elections more than they trust litigation.
If properly implemented, I foresee three long-term outcomes.
First, stronger party discipline.
Political actors adapt quickly to predictable rules and consistent consequences. Stable electoral frameworks encourage institutional maturity.
Second, increased voter confidence.
When citizens believe that votes count, participation rises. When participation rises, legitimacy deepens. When legitimacy deepens, democracy becomes more resilient.
Third, better quality leadership.
Transparent nomination processes and credible elections increase the likelihood that competence, vision, and public service prevail over patronage and transactional politics.
Is this amendment a foundation for democratic consolidation?
Potentially, yes.
But democracy is not built by legislation alone.
A law can open the door; institutions must walk through it.
A statute can prescribe standards; leaders must embody them.
A nation progresses not merely because it reforms its laws, but because it develops the collective will to obey and enforce them.
The future of Nigerian democracy will therefore depend less on what is written in the Electoral Law and more on whether we summon the courage to make its principles a lived reality.