Opposition Leaders Warn of Hidden Legal Landmines Within Nigeria’s 2026 Electoral Act Ahead of 2027 General Elections

Opposition leaders and experts identify Section 63 and 77 of the 2026 Electoral Act as risks to the 2027 elections. New laws limit candidate eligibility.

By: AXL Media

Published: Apr 27, 2026, 5:45 AM EDT

Source: Information for this report was sourced from Newsdiaryonline

The Discovery of Structural Legal Loopholes

The signing of the 2026 Electoral Act Amendment Bill by President Bola Tinubu on February 18, 2026, has triggered a wave of concern among opposition parties who fear the legislation is skewed in favor of the ruling All Progressive Congress. Critics argue that while opposition figures were focused on securing real time result transmission, several clauses were inserted that could fundamentally undermine the integrity of the 2027 polls. According to analyst Kazeem Akintunde, these legal "landmines" went largely undetected by opposition lawyers during the bill’s drafting phase in the National Assembly.

Discretionary Power Over Invalid Ballots

Atiku Abubakar has specifically targeted Section 63 of the Act, which permits a returning officer to count ballot papers lacking official marks at their own discretion. The former Vice President characterized this provision as a direct threat to democracy, arguing that leaving the validation of votes to subjective judgment invites widespread manipulation and chaos. Atiku maintained that a ballot must either strictly meet the official standard or be rejected, suggesting that any ambiguity in the law serves to weaken public confidence in the electoral foundation.

Vulnerabilities in Accountability and Evidence

Former Resident Electoral Commissioner Mike Igini echoed these concerns, identifying Sections 137 and 138 as major vulnerabilities that shift the focus of elections from polling units to courtrooms. Igini noted that Section 137 effectively shields electoral officials from direct accountability by making it unnecessary to join them in election petitions, with the Independent National Electoral Commission defending them instead. Furthermore, Section 138 implies that a violation of the commission's own internal guidelines is not sufficient ground to challenge an election, which Igini described as a long standing rigging provision.