The Executive Director of Yiaga Africa, Samson Itodo, has faulted the recent assent to the Electoral Act 2026 by President Bola Tinubu, describing key provisions of the amended law as inconsistent with the aspirations of Nigerians.

Itodo, who spoke on Channels Television’s Sunday Politics, said that although the new law contains some progressive elements, critical provisions affecting the integrity of elections were enacted against public expectations.

“I think that Nigerians need to know that, yes, whilst there might be progressive provisions in the 2026 Act, the cardinal issues that are central to the integrity of elections are those contentious provisions that the Senate or the National Assembly decided to enact provisions that are in variance with the desires of Nigerians,” he said.

The civic advocate specifically cited Section 63 of the new law as one of the most contentious aspects of the amendment.

“On the one hand, the Act says that there shall be an electronic transmission of results,” Itodo noted.

However, he argued that a proviso embedded in the section undermines that mandate by placing legal supremacy on Form EC8A, the physical result sheet used at polling units.

He explained that the inclusion of the former EC8A in the amended law — now the Electoral Act 2026, effectively legitimises its continued dominance in the collation and declaration of election results.

“So there is mandatory electronic transmission of results based on this particular drafting, but it’s that proviso that it introduces. And you know what they have now said, that in all cases, it is the form EC8A that shall be the primary source of collating results as well as declaring results,” he said.

‘EC8A Has No Legal Rival’
Itodo lamented that despite provisions for electronic transmission, results uploaded to the Independent National Electoral Commission’s Result Viewing Portal would still lack legal force.

“What they have done to a large extent is just legitimising the current practice, which is that any result on the IREV has no legal effect; it’s only for verification because there’s a superior legal recognition that has been given to the form EC8A,” he said.

According to him, the decision contradicts widespread calls for electronic transmission to serve as the authoritative record of election outcomes.

“And what Nigerians are saying is the primary instrument of election rigging, the primary instrument of election manipulation is the form EC8A. So if you place primacy on the form EC8A, and that form EC8A becomes falsified, it then renders the electronically transmitted results a nullity, of no effect,” Itodo stated.

He insisted that historical misuse of the form has eroded public trust. Itodo added, “That’s what Nigerians are saying, ‘No, you cannot place primacy on EC8As because we know that EC8As are often used and historically they are used as tools for results manipulation’.”

‘Against The Will Of The People’
The Yiaga Africa boss further accused the National Assembly of disregarding public opinion during deliberations on the bill.

“And they decided on their own accord, at variance with what Nigerians said, and I think the point needs to be made that the way the National Assembly voted on that particular provision is against the will of the people, and no one should attempt to deceive Nigerians that this was in line with what Nigerians wanted,” he added.

President Tinubu signed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026 into law after its passage by the National Assembly, a move that has since triggered heated debates across political and civil society circles ahead of the 2027 general elections.

The bill’s passage was marked by tension in both chambers of the National Assembly.

The Senate passed the amendment last Tuesday amid a rowdy plenary session as lawmakers resumed proceedings.

A similar scenario played out in the House of Representatives when members sharply disagreed over a motion seeking to rescind the passage of the amendment bill, particularly the clause on real-time electronic transmission of results.

The Chairman of the House Committee on Rules and Business, Francis Waive, moved a motion urging the House to rescind its earlier decision on the bill, which had been passed on December 23 in alignment with the Senate’s position.

When the Speaker, Tajudeen Abbas, subjected the motion to a voice vote, the “nays” reportedly outnumbered the “ayes.” However, Abbas ruled in favour of the “ayes,” declaring the motion carried.

The ruling sparked protests from several lawmakers, who shouted in objection, forcing the Speaker to call for an executive session to restore order.

With the new law now in effect, debates over the credibility of Nigeria’s electoral framework are expected to intensify as political actors prepare for the 2027 polls.