New Electoral Act: Politicians To Print Their Own Ballot Papers, Mandate INEC To Accept Result

A former Resident Electoral Commissioner of the Independent National Electoral Commission, Mike Igini, has raised alarm over what he describes as “dangerous provisions” in Nigeria’s 2026 Electoral Act, warning that they could severely undermine the credibility of future elections, particularly the 2027 general polls.

Speaking during an interview on ARISE News on Wednesday, Igini highlighted Sections 63, 137, and 138 of the amended law as problematic, noting that they could open the door to widespread electoral manipulation and weaken accountability within the electoral system.

According to him, one of the most troubling provisions is Section 63, which he said allows presiding officers to accept ballot papers that do not bear official security markings from INEC. He warned that such a provision creates a dangerous loophole that could enable politicians to print and introduce fake ballot papers into the voting process.

“A ballot paper that does not bear the official security features of INEC can now be accepted by a presiding officer. This is extremely dangerous,” Igini said, questioning the criteria for determining the authenticity of such ballots.

He also criticised Section 138, arguing that it weakens the ability to challenge electoral outcomes. Under the provision, actions that violate INEC guidelines—but are not explicitly illegal—cannot be used as grounds to nullify an election. Igini said this effectively grants immunity to individuals who disregard electoral procedures.

On Section 137, the former commissioner expressed concern that it shields electoral officials from accountability by removing the requirement to include presiding or returning officers in election petitions, even in cases where they may have been directly involved in misconduct.

He said: “Section 63 of the 2026 Electoral Act has reintroduced something very dangerous: a ballot paper used for the 2027 election that does not bear INEC’s official manufacturer and security features may be accepted by the presiding officer. By implication, the presiding officer has been given the discretion to accept ballot papers notwithstanding the absence of the official mark, and to count such ballot papers. What that means is that politicians who have access to INEC’s serial and security features could produce their own ballot papers.”

Igini further warned that these legal gaps could encourage coordinated electoral fraud, especially among ad hoc staff who are often recruited temporarily to conduct elections. He alleged that such individuals are vulnerable to financial inducement and political influence.

Drawing from past experiences, he recounted instances of bribery involving electoral officials, including the distribution of large sums of money—sometimes in foreign currency—prior to elections. In some cases, he said, officials were reassured that legal protections would shield them from consequences.

He also referenced previous attempts to manipulate voter accreditation systems using multiple identity cards, underscoring what he described as a pattern of premeditated electoral malpractice.

Beyond the provisions themselves, Igini lamented the growing role of the judiciary in determining election outcomes in Nigeria.

He noted that elections are increasingly being decided in courtrooms rather than at polling units, a trend he believes exposes the judiciary to political pressure.

“Courts in Nigeria are now being asked to answer political questions rather than legal questions,” he said, warning that this could compromise judicial independence.

He, however, acknowledged the judiciary’s critical role as the last line of defence for democracy, urging judges to adopt a purposive interpretation of electoral laws to prevent abuse.

Igini called on INEC and the National Assembly to urgently review and amend the contentious sections of the Electoral Act, stressing that the credibility of elections rests on the integrity of the ballot process.

“If these provisions are not repealed immediately, the integrity of the 2027 election will be in flames,” he warned.

While emphasizing the importance of strong legal frameworks, he noted that the success of any electoral system ultimately depends on the integrity of those who operate it.

“Good laws without people of integrity will fail, but even weak laws can work if managed by committed individuals,” he said.

He concluded by warning that Nigeria’s democratic future is at stake, stressing that the legitimacy of any government is rooted in the credibility of the electoral process.

“Democracy cannot survive where the rule of law is undermined,” Igini added, while also highlighting the need for a strong opposition to ensure accountability and balance in governance