Abuja, Nigeria – 21 July 2025
The Nigerian Bar Association (NBA) has submitted a detailed set of recommendations to the House of Representatives, calling for significant amendments to the Electoral Act 2022 in a bid to enhance transparency, fairness, and efficiency in Nigeria’s electoral process.
Led by its chairman, Dr Monday Onyekachi Ubani, SAN, the NBA’s Electoral Reform Committee presented a comprehensive memorandum to the House Committee on Electoral Matters on 18 July. The delegation was welcomed by the committee’s chairman, Hon Balogun, along with clerks from both the House and the Senate. The Senate Committee on Electoral Matters’ chairman, absent due to prior commitments, is set to meet the NBA team at a later date.
NBA President Mazi Afam Osigwe, SAN, was unable to attend owing to an official engagement, but the committee’s alternate chairman, Mr Sam Itodo, was present to underscore the proposals’ alignment with international democratic norms.
The recommendations aim to address longstanding issues in Nigeria’s elections, including internal party disputes, technological shortcomings, and electoral offences. Dr Ubani expressed confidence in their potential impact, stating: “We are optimistic that these amendments, if adopted, will pave the way for a more transparent and inclusive electoral process in 2027 and beyond.”
Key proposals outlined in the memorandum include:
Restricting Legal Challenges in Pre-Election Matters: Amending Section 29(5) to limit the right to sue to aspirants within the same political party, while retaining a 14-day filing period under Section 29(8) for swift resolutions.
Limiting Candidate Substitutions: Changes to Section 33 would permit substitutions only in cases of death or voluntary withdrawal, supported by affidavits and relevant documentation.
Bolstering Internal Party Democracy: Strengthening Section 84 to grant the Independent National Electoral Commission (INEC) greater oversight of party primaries, requiring early submission and publication of delegate lists, and imposing sanctions on non-compliant parties.
Enhancing Technology and Integrity: Amendments to Sections 47 and 60 would mandate the use of Bimodal Voter Accreditation System (BVAS) for voter accreditation, make BVAS data the official record, legally recognise electronic transmission of results to the INEC Result Viewing Portal (IReV), and penalise INEC officials for failing to transmit results electronically.
Simplifying Evidence in Petitions: Clarifying Section 137 to allow certified documents such as BVAS logs, IReV screenshots, and EC8A forms as adequate proof of irregularities, reducing reliance on oral testimonies.
Establishing an Electoral Offences Commission: Creating an independent body with prosecutorial authority to tackle vote-buying, violence, result manipulation, and misconduct by electoral officers.
Introducing Early Voting: Enabling INEC officials, security personnel, journalists, and observers to vote early, promoting neutrality and operational efficiency on election day.
Elevating INEC Guidelines: Granting statutory weight to INEC’s guidelines and regulations to ensure consistent compliance.
Unifying Election Dates: Advocating for all elections to occur on a single day nationwide to cut costs and bolster integrity.
Additional suggestions encompass making INEC timetables binding for greater accountability, clarifying jurisdictional issues to prevent forum shopping, standardising resignation timelines for public officers seeking elective posts, and piloting diaspora voting for Nigerians abroad during presidential elections, starting with those in foreign missions.
Lawmakers provided encouraging feedback, indicating that several of the NBA’s ideas are already under consideration in the ongoing review of the Electoral Act. The NBA committee has pledged to maintain engagement with the National Assembly to facilitate the reforms’ enactment.
This initiative reflects the NBA’s longstanding dedication to fostering credible elections in Nigeria, amid growing calls for systemic improvements following challenges in previous polls. As the 2027 general elections approach, these proposals could mark a pivotal step towards a more robust democratic framework.
