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Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections - Politics - Nairaland

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Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by BluntCrazeMan(op): 7:12am On Mar 08
Here are some of the salient points and comments and questions about the ambiguities and contradictions which are noticed inside the newly enacted “Electoral Act 2026”


Please, download the Electoral Act 2026 using the link below:
https://placng.org/i/wp-content/uploads/2026/03/ElectoralAct2026.pdf

This is going to be a long thread, but I promise you that it is going to be very interesting, very enlightening, and VERY EYE-OPENING.!!

SO,, LET'S GO.!!


Section: 25(2)(g)
Question:

In this sub-section, the Electoral Act says: “The returning officer shall announce the result and declare the winner of the election at - the State Collation Center in the case of a Presidential election...”
So, is this sub-section implying that the “State Collation Officer” in a “Presidential Election” can actually announce and declare the WINNER of the Presidential Election at the State Collation Level.??


Section: 29(5)
Comment-1:

This sub-section is not fair to the candidates from other parties -- who cannot even question the authenticity of the documents that are submitted by a candidate of any particular party -- especially when ALL the supposed aspirants in the candidate’s party have chosen not to contest the authenticity of the candidate’s documents due to their supposed Loyalty to their Party, and for the purpose of the success of their Party.

(The Nigerian Law-Makers should explain why they left that sub-section so narrow and so tight.)


Section: 29(5) -- (continued)
Comment-2:

This sub-section is actually a constitutional matter (see also the Section: 85 of the Electoral Act).

Thus, any of the other contesting parties can use the supremacy of the constitution over that particular Section: 29(5) of the Electoral Act -- adding the fact that the co-contesting parties are also interested parties in the matter. The other contesting parties can establish their "locus-standi" in the case, and then drag the candidate of the particular party to court on constitutional grounds, even though they are not members of the party, and that they did not contest in the primaries with the candidate.

This particular court process should be done clearly before the conduct of the election -- That-is, after the INEC had just finished publishing the documents of the candidates of the various parties.
This is because, the matter is supposed to be a pre-election matter -- and it also means that it should not be brought up in the Election Petition Tribunal.


Section: 29(5) -- (continued)
Comment-3:

“Forgery” is totally different from “Perjury” -- (that is, “telling lies on oath”) -- which is a criminal case.

For criminal cases, the police would first investigate the matter, and then drag the matter to court before trial can commence against the person.
In such a case, persons that are protected by immunity clauses cannot be dragged to court, because the case is a criminal case.

But in the case of “forgery and false documents” which is a constitutional matter in this case it does not require the police to be the ones to take the matter to court.
An interested party can take the matter to court.

And again, persons who are protected by immunity clauses are not shielded from being sued to court when the case is a clear constitutional matter.


Section: 29(5) -- (continued).
Question:

The question here now is -- “According to the Act, does it mean that it is ONLY an aspirant who co-participated in the primaries of the political party with the candidate who won the primaries can question the authenticity of the DOCUMENTS which were submitted by the candidate who won??”

“Does that also mean that not even the INEC can question the authenticity of such documents -- even when the forgery is very bare and obvious?”

What then is the need for the “Public Disclosure” of the documents of the candidate in Section:29(3), when it is of no use to the public?


Section: 29(7)
Question:

This sub-section somehow already assumed that the candidate and the party that was disqualified in sub-section: (6) actually “WON” the election which had already been held before the courts passed their final judgement.
So, what if a situation occurred where the candidate and party that was disqualified in sub-section: (6) DID NOT WIN the election, & judgement was later passed; would the order for INEC to conduct a fresh election still hold.?
Or would it be presumed that the judgement had been overtaken by events?


Section: 47(2)
Question:

Why is it that the “Number of Accredited Voters” that were automatically captured and stored inside the “Bimodal Voter Accreditation System or any other technological device” were not also mandated to be electronically transmitted to the IREV Portal??

(This question became necessary since the sub-Section: 60(3) of the Electoral Act mandated that the “results” were to be electronically transmitted to the IREV Portal).


So, why were the “Number of Accredited Voters” Not also mandated to be electronically transmitted too?


Section: 50(2)
Question:

If Section:60(3) has already specified the method of transmitting the results, why would this section still come back again to mention that “..transmission of results under this Act shall be in accordance with the procedure determined by the Commission.”?


Section: 60(3)
Comment-1:

It is very necessary for us to note that the term “Form EC8A” was not explained or described in the Electoral Act to mean the “Polling Unit Result Sheet” in any way.

Even though the Electoral Act mentioned that the “Form EC8A” contains some form of results which can be used for collation, the Act didn't describe the “Form EC8A” to be the “Result Sheet at the Polling Units”.
The term “Form EC8A” in the Act could mean anything, since it is not sufficiently described. It could mean a “Poster-Form” on which the Results could be written upon, and be pasted on the wall at the venue of voting - and can also be used as the primary source of data for collation and declaration of results.

This also means that, if the INEC changes the name or the code which they currently used to represent the Polling-Unit Result Sheets -- from “Form EC8A” to a new name or code -- in all future elections; then, that would render the term “Form EC8A” totally useless inside the Electoral Act, since it would become a totally non-existent entity -- both inside the Electoral Act 2026 and in everywhere else -- owing to the fact that it was not fully described in the Act -- only the technical name “Form EC8A” and its partial functions were given in the Act.


Section: 60(3) -- (continued)
Comment-2:

The term “IREV Portal”, even though it was not directly defined, was given a fully implied meaning when the Act stipulated that “the Electronically Transmitted Results would be transmitted to the IREV Portal”.

From the implied meaning, the “IREV Portal” is definitely supposed to mean an electronic “web portal” where the results from the polling units are electronically transmitted to.


Section: 60(3) -- (continued)
Question-1:

The law clearly stipulates that “Communication Failure” is the ONLY Reason why a transmitted result cannot be seen immediately on the IREV Portal.

Thus, the question here is: “what then happens if INEC brings up some other man-made or third-party excuses for the delay in seeing the results appearing on the IREV Portal??
For instance, some excuses such as “two-factor authentication by a Ward-Officer”, “GLITCHES”, Unforeseen and unplanned delays of the transmitted results to appear on the IREV Portal.
What is supposed to happen when such situations arise?”



Section: 60(3) -- (continued)
Question-2:

If the “electronic transmission of the result” fails as a result of some other unforseen or deliberate mistakes or errors that were made by the staff of INEC (and were not caused by “Communication Failure” -- which could be clearly regarded as a situation beyond the control of INEC) what should be done?


Section: 60(3) -- (continued)
Question-3:

At what point would it be deemed fit for it to be accepted that the “electronic transmission of the result has failed as a result of communication failure, and that it has become impossible to transmit the result”?

(This question above simply means that the Presiding Officer must have tried the transmission at-least ONCE, and it did not show on the IREV Portal. The presiding officer cannot just announce that there is no network and then refuse to do the transmission -- if he does that, then he is clearly going against the Electoral Act 2026).


Section: 60(5)
Comment:

The word “transmit” (as defined or explained in Section:155) could either be done MANUALLY or ELECTRONICALLY.

Therefore, wherever and whenever the term “Electronic Transmission” is intended, the full phrase of “Electronic Transmission” must be clearly written.
Otherwise, the lone word “transmission” would easily be assumed to mean “MANUAL TRANSMISSION”.


Section: 60(5) -- (continued)
Comment-2:

The Act did not specify that the presiding officer AT THE POLLING UNIT would give copies of the Result-Sheets to the Police Officer & the Polling Agents that are present.


Section: 62(1)
Question:

If according to Section:60(5) of the Electoral Act, that the results had already been “Transmitted to the next level of collation”, (which could already be regarded as “Manual Transmission”), why then is the Electoral Act repeating the exact same procedures again in Section:62(1) using another rephrased language.??

(Unless (perhaps) the Section:60(5) was intended to mean “Electronic Transmission”, and not just “Transmission” (or “Manual Transmission”), then it means that Section:62(1) is actually different from Section:60(5).)

But as of now,, Section:62(1) is just a rephrasing of Section:60(5).


Section: 62(3)
Comment:

Even though the Electoral Act stated that the electronic database should be updated “on a continuous basis”, there is need for the Act to state how soon -- after any concluded election -- that the results of the election would be updated in the database -- such that anybody who is interested in getting a copy of the results can wait until such timelines have elapsed, and then, the person would apply to get the electronic copy of such results that were related to the concluded election -- which were uploaded and stored on the electronic database -- and get the electronic copy.


Section: 62(3) -- (continued)
Question:

Are there no penalties for INEC if there are concluded elections whose results are not stored on the electronic database -- even after one month had passed after that election was concluded, but the database was not updated on the electronic database yet?


Section: 62(4)(b)
Question:

The wrong referencing of “Section:60(4)” inside Section:62(4)(b) is very confusing. It is either that the clause referred to Section:60(3) or to Section:60(5).
So, which one exactly is supposed to be referenced.??
Why did the Act “Section:60(4)” at all - in the first place??


Section: 68
Question:

How soon after the conclusion of the election is the INEC required to publish the final summary of the results of the concluded election on their website?

And what would be the penalty if the INEC failed to publish the final results within such timelines?


Section: 71(1)
Question:

Why is it that the duplicate copies of “..the collated result which were completed at the ward, local government, state and national levels of collation..” were to be given to the police officers and the polling agents; but these same collated results were not mandated by the Electoral Act to be electronically transmitted to the IREV Portal as well -- just as was the case with the polling unit results in section:60(3)?

(The collated results are supposed to be electronically transmitted to the IREV Portal too).


Section: 137(3)(a)&(b).
Question:

This section of the Act says that where a petitioner complains about the conduct of an electoral officer, a presiding officer, returning officer, IT SHALL NOT BE NECESSARY TO JOIN SUCH OFFICERS, NOTWITHSTANDING THE NATURE OF THE COMPLAINT but rather, the commission shall be made a respondent, and be DEEMED TO BE DEFENDING THE PETITION FOR ITSELF AND ON BEHALF OF ITS OFFICERS OR SUCH OTHER PERSONS.
But in the Paragraph--51(1) of the “First Schedule”, the Act says that when the election petition complains about the conduct of an electoral officer, a presiding officer, returning officer, or any other official of the commission, he shall be DEEMED TO BE A RESPONDENT, AND BE JOINED IN THE ELECTION PETITION AS A NECESSARY PARTY.

These two provisions of the Electoral Act 2026 are clearly contradicting themselves.

So the question here is...
“Which one out of these two contradicting provisions of the “Electoral Act 2026” would be taken as the substantial law?”

..


Now that I have finished listing out the issues which I discovered with the Newly Enacted “Electoral Act 2026”....... Only two things are now left to be done.

1. It's either that the National Assembly members go back and amend the “Electoral Act 2026” in such a way to answer all these “Questions” without further ambiguities..

...Or...

2. That some spirited citizens (or knowledgeable politicians) should pick up these “Questions” and head to any “Federal High Court” in the country for Further Interpretations, and for the issuance of necessary “Court Orders” to the INEC.

This Second Option Is Very Risky Though..

But nevertheless,,
..Rather than heading towards the next elections with a very confusing “Electoral Act” - without doing anything about it - then it is better to at-least head to the courts early enough, in order to know exactly where the Electoral Act truly stands in the eyes of the law -- and thus, minimize ambiguities.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by helinues:
In this sub-section, the Electoral Act says: “The returning officer shall announce the result and declare the winner of the election at - the State Collation Center in the case of a Presidential election...”
As the E transmission of election results from the polling unit have been erased, there is nothing wrong with this act.

Section: 29(5) -- (continued).
Question:
The question here now is -- “According to the Act, does it mean that it is ONLY an aspirant who co-participated in the primaries of the political party with the candidate who won the primaries can question the authenticity of the DOCUMENTS which were submitted by the candidate who won??”
All candidates contesting for any political position should make sure they have trusted agents in all the polling units. I created a thread about the important of polling unit agents before the 2023 election. That should take care of this act

The rest of your questions are mostly based on transmission of e results which won't be applicable in 2027 election.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by BluntCrazeMan(op): 7:28am On Mar 08
helinues:
Please don't make racist and tribalistic comments on this thread
EXACTLY.!!

I HOPE WE ALL ENGAGE INTELLIGENTLY AND OBJECTIVELY ON THIS THREAD..
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by BluntCrazeMan(op): 8:34am On Mar 08
Here below is a related topic....

Peter Obi Vows To Challenge The Electoral Act In Court.
https://www.nairaland.com/8631446/peter-obi-vows-challenge-electoral#138699487
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by aswani(m): 8:41am On Mar 08
Your needlessly long post was neither interesting nor eye opening. Well the parts I started reading before having to give up.

You need to learn the art of communication, a very important thing, that we as human beings, are able to use in discourse.

You are best off breaking your one long post into smaller ones, unless you are paying me and even at that, where would I find time to read this?

We get it though, as an Obidient, unless Peter Obi wins, the elections were rigged by APC in cahoots with INEC.

See how I broke down your post for you in the paragraph above grin
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by BluntCrazeMan(op): 8:52am On Mar 08
aswani:
“....We get it though, as an Obidient, unless Peter Obi wins, the elections were rigged by APC in cahoots with INEC.......”
☝🏽☝🏽👆🏽👆🏽

This thing you wrote up here is a total off-point.!!

If you want me and you to drag ourselves very well, just let me know.
I will find a moribund thread and take you there...
Then we will argue whatever you want there.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by donleo92(m): 9:30am On Mar 08
See the inec chairman has to go to arise news and be interviewed by rufia angry on the election stuff

I did not say channels ooooh, that one na upgraded NTA forming CNN.

OR AT LEAST GET AN INTERACTIVE SESSION WITH THE MEDIA HOUSES AND SOME PARTY REPRESENTATIVE to really discuss this electoral process very well undecided
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Image123(m): 9:33am On Mar 08
No go warm eba chop. Be entertaining us here.
When someone is confused that the State Collation Officer would announce what party won election in his state, you'd know this is a neophyte who voted for the 1st time in 2023 or yet to vote. Was it an angel that announced that Obi won in Lagos or Anambra in 2023? What sort of plague are we dealing with?
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Klington: 9:35am On Mar 08
Gbola tinubu is just interested in ruining the country to the ground.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Wallade(m): 9:37am On Mar 08
BluntCrazeMan:
Here are some of the salient points and comments and questions about the ambiguities and contradictions which are noticed inside the newly enacted “Electoral Act 2026”


Please, download the Electoral Act 2026 using the link below:
https://placng.org/i/wp-content/uploads/2026/03/ElectoralAct2026.pdf

This is going to be a long thread, but I promise you that it is going to be very interesting, very enlightening, and VERY EYE-OPENING.!!

SO,, LET'S GO.!!


Section: 25(2)(g)
Question:

In this sub-section, the Electoral Act says: “The returning officer shall announce the result and declare the winner of the election at - the State Collation Center in the case of a Presidential election...”
So, is this sub-section implying that the “State Collation Officer” in a “Presidential Election” can actually announce and declare the WINNER of the Presidential Election at the State Collation Level.??


Section: 29(5)
Comment-1:

This sub-section is not fair to the candidates from other parties -- who cannot even question the authenticity of the documents that are submitted by a candidate of any particular party -- especially when ALL the supposed aspirants in the candidate’s party have chosen not to contest the authenticity of the candidate’s documents due to their supposed Loyalty to their Party, and for the purpose of the success of their Party.

(The Nigerian Law-Makers should explain why they left that sub-section so narrow and so tight.)


Section: 29(5) -- (continued)
Comment-2:

This sub-section is actually a constitutional matter (see also the Section: 85 of the Electoral Act).

Thus, any of the other contesting parties can use the supremacy of the constitution over that particular Section: 29(5) of the Electoral Act -- adding the fact that the co-contesting parties are also interested parties in the matter. The other contesting parties can establish their "locus-standi" in the case, and then drag the candidate of the particular party to court on constitutional grounds, even though they are not members of the party, and that they did not contest in the primaries with the candidate.

This particular court process should be done clearly before the conduct of the election -- That-is, after the INEC had just finished publishing the documents of the candidates of the various parties.
This is because, the matter is supposed to be a pre-election matter -- and it also means that it should not be brought up in the Election Petition Tribunal.


Section: 29(5) -- (continued)
Comment-3:

“Forgery” is totally different from “Perjury” -- (that is, “telling lies on oath”) -- which is a criminal case.

For criminal cases, the police would first investigate the matter, and then drag the matter to court before trial can commence against the person.
In such a case, persons that are protected by immunity clauses cannot be dragged to court, because the case is a criminal case.

But in the case of “forgery and false documents” which is a constitutional matter in this case it does not require the police to be the ones to take the matter to court.
An interested party can take the matter to court.

And again, persons who are protected by immunity clauses are not shielded from being sued to court when the case is a clear constitutional matter.


Section: 29(5) -- (continued).
Question:

The question here now is -- “According to the Act, does it mean that it is ONLY an aspirant who co-participated in the primaries of the political party with the candidate who won the primaries can question the authenticity of the DOCUMENTS which were submitted by the candidate who won??”

“Does that also mean that not even the INEC can question the authenticity of such documents -- even when the forgery is very bare and obvious?”

What then is the need for the “Public Disclosure” of the documents of the candidate in Section:29(3), when it is of no use to the public?


Section: 29(7)
Question:

This sub-section somehow already assumed that the candidate and the party that was disqualified in sub-section: (6) actually “WON” the election which had already been held before the courts passed their final judgement.
So, what if a situation occurred where the candidate and party that was disqualified in sub-section: (6) DID NOT WIN the election, & judgement was later passed; would the order for INEC to conduct a fresh election still hold.?
Or would it be presumed that the judgement had been overtaken by events?


Section: 47(2)
Question:

Why is it that the “Number of Accredited Voters” that were automatically captured and stored inside the “Bimodal Voter Accreditation System or any other technological device” were not also mandated to be electronically transmitted to the IREV Portal??

(This question became necessary since the sub-Section: 60(3) of the Electoral Act mandated that the “results” were to be electronically transmitted to the IREV Portal).


So, why were the “Number of Accredited Voters” Not also mandated to be electronically transmitted too?


Section: 50(2)
Question:

If Section:60(3) has already specified the method of transmitting the results, why would this section still come back again to mention that “..transmission of results under this Act shall be in accordance with the procedure determined by the Commission.”?


Section: 60(3)
Comment-1:

It is very necessary for us to note that the term “Form EC8A” was not explained or described in the Electoral Act to mean the “Polling Unit Result Sheet” in any way.

Even though the Electoral Act mentioned that the “Form EC8A” contains some form of results which can be used for collation, the Act didn't describe the “Form EC8A” to be the “Result Sheet at the Polling Units”.
The term “Form EC8A” in the Act could mean anything, since it is not sufficiently described. It could mean a “Poster-Form” on which the Results could be written upon, and be pasted on the wall at the venue of voting - and can also be used as the primary source of data for collation and declaration of results.

This also means that, if the INEC changes the name or the code which they currently used to represent the Polling-Unit Result Sheets -- from “Form EC8A” to a new name or code -- in all future elections; then, that would render the term “Form EC8A” totally useless inside the Electoral Act, since it would become a totally non-existent entity -- both inside the Electoral Act 2026 and in everywhere else -- owing to the fact that it was not fully described in the Act -- only the technical name “Form EC8A” and its partial functions were given in the Act.


Section: 60(3) -- (continued)
Comment-2:

The term “IREV Portal”, even though it was not directly defined, was given a fully implied meaning when the Act stipulated that “the Electronically Transmitted Results would be transmitted to the IREV Portal”.

From the implied meaning, the “IREV Portal” is definitely supposed to mean an electronic “web portal” where the results from the polling units are electronically transmitted to.


Section: 60(3) -- (continued)
Question-1:

The law clearly stipulates that “Communication Failure” is the ONLY Reason why a transmitted result cannot be seen immediately on the IREV Portal.

Thus, the question here is: “what then happens if INEC brings up some other man-made or third-party excuses for the delay in seeing the results appearing on the IREV Portal??
For instance, some excuses such as “two-factor authentication by a Ward-Officer”, “GLITCHES”, Unforeseen and unplanned delays of the transmitted results to appear on the IREV Portal.
What is supposed to happen when such situations arise?”



Section: 60(3) -- (continued)
Question-2:

If the “electronic transmission of the result” fails as a result of some other unforseen or deliberate mistakes or errors that were made by the staff of INEC (and were not caused by “Communication Failure” -- which could be clearly regarded as a situation beyond the control of INEC) what should be done?


Section: 60(3) -- (continued)
Question-3:

At what point would it be deemed fit for it to be accepted that the “electronic transmission of the result has failed as a result of communication failure, and that it has become impossible to transmit the result”?

(This question above simply means that the Presiding Officer must have tried the transmission at-least ONCE, and it did not show on the IREV Portal. The presiding officer cannot just announce that there is no network and then refuse to do the transmission -- if he does that, then he is clearly going against the Electoral Act 2026).


Section: 60(5)
Comment:

The word “transmit” (as defined or explained in Section:155) could either be done MANUALLY or ELECTRONICALLY.

Therefore, wherever and whenever the term “Electronic Transmission” is intended, the full phrase of “Electronic Transmission” must be clearly written.
Otherwise, the lone word “transmission” would easily be assumed to mean “MANUAL TRANSMISSION”.


Section: 60(5) -- (continued)
Comment-2:

The Act did not specify that the presiding officer AT THE POLLING UNIT would give copies of the Result-Sheets to the Police Officer & the Polling Agents that are present.


Section: 62(1)
Question:

If according to Section:60(5) of the Electoral Act, that the results had already been “Transmitted to the next level of collation”, (which could already be regarded as “Manual Transmission”), why then is the Electoral Act repeating the exact same procedures again in Section:62(1) using another rephrased language.??

(Unless (perhaps) the Section:60(5) was intended to mean “Electronic Transmission”, and not just “Transmission” (or “Manual Transmission”), then it means that Section:62(1) is actually different from Section:60(5).)

But as of now,, Section:62(1) is just a rephrasing of Section:60(5).


Section: 62(3)
Comment:

Even though the Electoral Act stated that the electronic database should be updated “on a continuous basis”, there is need for the Act to state how soon -- after any concluded election -- that the results of the election would be updated in the database -- such that anybody who is interested in getting a copy of the results can wait until such timelines have elapsed, and then, the person would apply to get the electronic copy of such results that were related to the concluded election -- which were uploaded and stored on the electronic database -- and get the electronic copy.


Section: 62(3) -- (continued)
Question:

Are there no penalties for INEC if there are concluded elections whose results are not stored on the electronic database -- even after one month had passed after that election was concluded, but the database was not updated on the electronic database yet?


Section: 62(4)(b)
Question:

The wrong referencing of “Section:60(4)” inside Section:62(4)(b) is very confusing. It is either that the clause referred to Section:60(3) or to Section:60(5).
So, which one exactly is supposed to be referenced.??
Why did the Act “Section:60(4)” at all - in the first place??


Section: 68
Question:

How soon after the conclusion of the election is the INEC required to publish the final summary of the results of the concluded election on their website?

And what would be the penalty if the INEC failed to publish the final results within such timelines?


Section: 71(1)
Question:

Why is it that the duplicate copies of “..the collated result which were completed at the ward, local government, state and national levels of collation..” were to be given to the police officers and the polling agents; but these same collated results were not mandated by the Electoral Act to be electronically transmitted to the IREV Portal as well -- just as was the case with the polling unit results in section:60(3)?

(The collated results are supposed to be electronically transmitted to the IREV Portal too).


Section: 137(3)(a)&(b).
Question:

This section of the Act says that where a petitioner complains about the conduct of an electoral officer, a presiding officer, returning officer, IT SHALL NOT BE NECESSARY TO JOIN SUCH OFFICERS, NOTWITHSTANDING THE NATURE OF THE COMPLAINT but rather, the commission shall be made a respondent, and be DEEMED TO BE DEFENDING THE PETITION FOR ITSELF AND ON BEHALF OF ITS OFFICERS OR SUCH OTHER PERSONS.
But in the Paragraph--51(1) of the “First Schedule”, the Act says that when the election petition complains about the conduct of an electoral officer, a presiding officer, returning officer, or any other official of the commission, he shall be DEEMED TO BE A RESPONDENT, AND BE JOINED IN THE ELECTION PETITION AS A NECESSARY PARTY.

These two provisions of the Electoral Act 2026 are clearly contradicting themselves.

So the question here is...
“Which one out of these two contradicting provisions of the “Electoral Act 2026” would be taken as the substantial law?”

..


Now that I have finished listing out the issues which I discovered with the Newly Enacted “Electoral Act 2026”....... Only two things are now left to be done.

1. It's either that the National Assembly members go back and amend the “Electoral Act 2026” in such a way to answer all these “Questions” without further ambiguities..

...Or...

2. That some spirited citizens (or knowledgeable politicians) should pick up these “Questions” and head to any “Federal High Court” in the country for Further Interpretations, and for the issuance of necessary “Court Orders” to the INEC.

This Second Option Is Very Risky Though..

But nevertheless,,
..Rather than heading towards the next elections with a very confusing “Electoral Act” - without doing anything about it - then it is better to at-least head to the courts early enough, in order to know exactly where the Electoral Act truly stands in the eyes of the law -- and thus, minimize ambiguities.
So what is your point?

Do we have to urgently review the Electoral Act again?

Can't you and your parties challenge the Electoral Act in court, like Peter Obi, so we can focus on the upcoming electioneering.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by ElevationD: 9:39am On Mar 08
Definitely it needs to be challenged. Our legislators never gorge right way. They always leave loopholes for exploitation.

Let’s see Obi and other serious people challenge it in the courts and the courts give the interpretation.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by iwaeda: 9:42am On Mar 08
APC thought they can capture Nigeria. Let me laugh ahead. grin grin grin grin
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by DatNiggaDaz: 9:43am On Mar 08
aswani:
Your needlessly long post was neither interesting nor eye opening. Well the parts I started reading before having to give up.

You need to learn the art of communication, a very important thing, that we as human beings, are able to use in discourse.

You are best off breaking your one long post into smaller ones, unless you are paying me and even at that, where would I find time to read this?

We get it though, as an Obidient, unless Peter Obi wins, the elections were rigged by APC in cahoots with INEC.

See how I broke down your post for you in the paragraph above grin
grin grin

As a data boi, it will never be interesting or make sense to you and your ilks. You will not escape the Karma of a fake certificate holder
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by IJAYA001(m): 9:44am On Mar 08
It is the duty of judiciary to interpret laws and constitution. So oga rest small till then
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Judolisco(m): 9:46am On Mar 08
It will only get better from here..... We have definitely improved... We can't perfect everything in a day.... God bless Goodluck Jonathan he changed d game and we have improved on it
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Pastorsarynzay: 9:49am On Mar 08
When the whole opposition sits and say they will no be election, Apc are wasting their time
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by biaframaster200: 10:00am On Mar 08
All. This nonsense will. not make Peter Obi and all. his failure lawyer not to fail... Whatever the dimension of your law... you will always meet us in front...

This was the road we passed when we were heavily persecuted by the military regime...and we survived. How much more of a learner like Peter Obi and his charge and bail.lawyer. ...they will
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by aswani(m): 10:02am On Mar 08
DatNiggaDaz:
grin grin

As a data boi, it will never be interesting or make sense to you and your ilks. You will not escape the Karma of a fake certificate holder
Uncle "our neighbours from the East", you yourself didn't read it ó.

By the way, the word "ilk" in the context you used it doesn't have any plural.

Also the word "Karma" that you used does not make any sense in the sentence you used it in. Having said that, as I am not a fake certificate holder or don't support President Tinubu, I am not sure what karma I am not going to escape.

Finally, I didn't say the post didn't make sense or wasn't interesting, I said it is too long and needs to be broken down into smaller chunks.

Happy Sunday.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by PDPdestroyer(m): 10:08am On Mar 08
Like your monicker, you na real crazeman with the way you go about chasing illusions with all seriousness. If only you dedicated your energy to something productive, you would have been better off than this wild goose chase
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by TheBizGenius: 10:10am On Mar 08
aswani:
Your needlessly long post was neither interesting nor eye opening. Well the parts I started reading before having to give up.

You need to learn the art of communication, a very important thing, that we as human beings, are able to use in discourse.

You are best off breaking your one long post into smaller ones, unless you are paying me and even at that, where would I find time to read this?

We get it though, as an Obidient, unless Peter Obi wins, the elections were rigged by APC in cahoots with INEC.

See how I broke down your post for you in the paragraph above grin
I saw what you did there.

Heheheheheh

#this guy is a bad ass#
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by TheBizGenius: 10:11am On Mar 08
BluntCrazeMan:
☝🏽☝🏽👆🏽👆🏽

This thing you wrote up here is a total off-point.!!

If you want me and you to drag ourselves very well, just let me know.
I will find a moribund thread and take you there...
Then we will argue whatever you want there.
Please include me in that discuss. I beg of you.

#smiling sheepishly#
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Globad(f): 10:12am On Mar 08
Wallade:
So what is your point?

Do we have to urgently review the Electoral Act again?

Can't you and your parties challenge the Electoral Act in court, like Peter Obi, so we can focus on the upcoming electioneering.
I don’t know why all this is coming after signing the bill into law and not before or during the first, second and third readings of the bill
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by gabbytabby: 10:13am On Mar 08
It is the responsibility of the legislative to legislate.

So why this wayo Allah na questions ba.

This reminds me of the Barrister who went to fight for them to stop the monthly sanitation day in Lagos.

Maturity requires that one things beyond what can be done to what one hopes to achieve by pursuing that line of action and whether it is expedient to do so.

Some like to steer up trouble for trouble sake.

BluntCrazeMan:
Here are some of the salient points and comments and questions about the ambiguities and contradictions which are noticed inside the newly enacted “Electoral Act 2026”


Please, download the Electoral Act 2026 using the link below:
https://placng.org/i/wp-content/uploads/2026/03/ElectoralAct2026.pdf

This is going to be a long thread, but I promise you that it is going to be very interesting, very enlightening, and VERY EYE-OPENING.!!

SO,, LET'S GO.!!


Section: 25(2)(g)
Question:

In this sub-section, the Electoral Act says: “The returning officer shall announce the result and declare the winner of the election at - the State Collation Center in the case of a Presidential election...”
So, is this sub-section implying that the “State Collation Officer” in a “Presidential Election” can actually announce and declare the WINNER of the Presidential Election at the State Collation Level.??


Section: 29(5)
Comment-1:

This sub-section is not fair to the candidates from other parties -- who cannot even question the authenticity of the documents that are submitted by a candidate of any particular party -- especially when ALL the supposed aspirants in the candidate’s party have chosen not to contest the authenticity of the candidate’s documents due to their supposed Loyalty to their Party, and for the purpose of the success of their Party.

(The Nigerian Law-Makers should explain why they left that sub-section so narrow and so tight.)


Section: 29(5) -- (continued)
Comment-2:

This sub-section is actually a constitutional matter (see also the Section: 85 of the Electoral Act).

Thus, any of the other contesting parties can use the supremacy of the constitution over that particular Section: 29(5) of the Electoral Act -- adding the fact that the co-contesting parties are also interested parties in the matter. The other contesting parties can establish their "locus-standi" in the case, and then drag the candidate of the particular party to court on constitutional grounds, even though they are not members of the party, and that they did not contest in the primaries with the candidate.

This particular court process should be done clearly before the conduct of the election -- That-is, after the INEC had just finished publishing the documents of the candidates of the various parties.
This is because, the matter is supposed to be a pre-election matter -- and it also means that it should not be brought up in the Election Petition Tribunal.


Section: 29(5) -- (continued)
Comment-3:

“Forgery” is totally different from “Perjury” -- (that is, “telling lies on oath”) -- which is a criminal case.

For criminal cases, the police would first investigate the matter, and then drag the matter to court before trial can commence against the person.
In such a case, persons that are protected by immunity clauses cannot be dragged to court, because the case is a criminal case.

But in the case of “forgery and false documents” which is a constitutional matter in this case it does not require the police to be the ones to take the matter to court.
An interested party can take the matter to court.

And again, persons who are protected by immunity clauses are not shielded from being sued to court when the case is a clear constitutional matter.


Section: 29(5) -- (continued).
Question:

The question here now is -- “According to the Act, does it mean that it is ONLY an aspirant who co-participated in the primaries of the political party with the candidate who won the primaries can question the authenticity of the DOCUMENTS which were submitted by the candidate who won??”

“Does that also mean that not even the INEC can question the authenticity of such documents -- even when the forgery is very bare and obvious?”

What then is the need for the “Public Disclosure” of the documents of the candidate in Section:29(3), when it is of no use to the public?


Section: 29(7)
Question:

This sub-section somehow already assumed that the candidate and the party that was disqualified in sub-section: (6) actually “WON” the election which had already been held before the courts passed their final judgement.
So, what if a situation occurred where the candidate and party that was disqualified in sub-section: (6) DID NOT WIN the election, & judgement was later passed; would the order for INEC to conduct a fresh election still hold.?
Or would it be presumed that the judgement had been overtaken by events?


Section: 47(2)
Question:

Why is it that the “Number of Accredited Voters” that were automatically captured and stored inside the “Bimodal Voter Accreditation System or any other technological device” were not also mandated to be electronically transmitted to the IREV Portal??

(This question became necessary since the sub-Section: 60(3) of the Electoral Act mandated that the “results” were to be electronically transmitted to the IREV Portal).


So, why were the “Number of Accredited Voters” Not also mandated to be electronically transmitted too?


Section: 50(2)
Question:

If Section:60(3) has already specified the method of transmitting the results, why would this section still come back again to mention that “..transmission of results under this Act shall be in accordance with the procedure determined by the Commission.”?


Section: 60(3)
Comment-1:

It is very necessary for us to note that the term “Form EC8A” was not explained or described in the Electoral Act to mean the “Polling Unit Result Sheet” in any way.

Even though the Electoral Act mentioned that the “Form EC8A” contains some form of results which can be used for collation, the Act didn't describe the “Form EC8A” to be the “Result Sheet at the Polling Units”.
The term “Form EC8A” in the Act could mean anything, since it is not sufficiently described. It could mean a “Poster-Form” on which the Results could be written upon, and be pasted on the wall at the venue of voting - and can also be used as the primary source of data for collation and declaration of results.

This also means that, if the INEC changes the name or the code which they currently used to represent the Polling-Unit Result Sheets -- from “Form EC8A” to a new name or code -- in all future elections; then, that would render the term “Form EC8A” totally useless inside the Electoral Act, since it would become a totally non-existent entity -- both inside the Electoral Act 2026 and in everywhere else -- owing to the fact that it was not fully described in the Act -- only the technical name “Form EC8A” and its partial functions were given in the Act.


Section: 60(3) -- (continued)
Comment-2:

The term “IREV Portal”, even though it was not directly defined, was given a fully implied meaning when the Act stipulated that “the Electronically Transmitted Results would be transmitted to the IREV Portal”.

From the implied meaning, the “IREV Portal” is definitely supposed to mean an electronic “web portal” where the results from the polling units are electronically transmitted to.


Section: 60(3) -- (continued)
Question-1:

The law clearly stipulates that “Communication Failure” is the ONLY Reason why a transmitted result cannot be seen immediately on the IREV Portal.

Thus, the question here is: “what then happens if INEC brings up some other man-made or third-party excuses for the delay in seeing the results appearing on the IREV Portal??
For instance, some excuses such as “two-factor authentication by a Ward-Officer”, “GLITCHES”, Unforeseen and unplanned delays of the transmitted results to appear on the IREV Portal.
What is supposed to happen when such situations arise?”



Section: 60(3) -- (continued)
Question-2:

If the “electronic transmission of the result” fails as a result of some other unforseen or deliberate mistakes or errors that were made by the staff of INEC (and were not caused by “Communication Failure” -- which could be clearly regarded as a situation beyond the control of INEC) what should be done?


Section: 60(3) -- (continued)
Question-3:

At what point would it be deemed fit for it to be accepted that the “electronic transmission of the result has failed as a result of communication failure, and that it has become impossible to transmit the result”?

(This question above simply means that the Presiding Officer must have tried the transmission at-least ONCE, and it did not show on the IREV Portal. The presiding officer cannot just announce that there is no network and then refuse to do the transmission -- if he does that, then he is clearly going against the Electoral Act 2026).


Section: 60(5)
Comment:

The word “transmit” (as defined or explained in Section:155) could either be done MANUALLY or ELECTRONICALLY.

Therefore, wherever and whenever the term “Electronic Transmission” is intended, the full phrase of “Electronic Transmission” must be clearly written.
Otherwise, the lone word “transmission” would easily be assumed to mean “MANUAL TRANSMISSION”.


Section: 60(5) -- (continued)
Comment-2:

The Act did not specify that the presiding officer AT THE POLLING UNIT would give copies of the Result-Sheets to the Police Officer & the Polling Agents that are present.


Section: 62(1)
Question:

If according to Section:60(5) of the Electoral Act, that the results had already been “Transmitted to the next level of collation”, (which could already be regarded as “Manual Transmission”), why then is the Electoral Act repeating the exact same procedures again in Section:62(1) using another rephrased language.??

(Unless (perhaps) the Section:60(5) was intended to mean “Electronic Transmission”, and not just “Transmission” (or “Manual Transmission”), then it means that Section:62(1) is actually different from Section:60(5).)

But as of now,, Section:62(1) is just a rephrasing of Section:60(5).


Section: 62(3)
Comment:

Even though the Electoral Act stated that the electronic database should be updated “on a continuous basis”, there is need for the Act to state how soon -- after any concluded election -- that the results of the election would be updated in the database -- such that anybody who is interested in getting a copy of the results can wait until such timelines have elapsed, and then, the person would apply to get the electronic copy of such results that were related to the concluded election -- which were uploaded and stored on the electronic database -- and get the electronic copy.


Section: 62(3) -- (continued)
Question:

Are there no penalties for INEC if there are concluded elections whose results are not stored on the electronic database -- even after one month had passed after that election was concluded, but the database was not updated on the electronic database yet?


Section: 62(4)(b)
Question:

The wrong referencing of “Section:60(4)” inside Section:62(4)(b) is very confusing. It is either that the clause referred to Section:60(3) or to Section:60(5).
So, which one exactly is supposed to be referenced.??
Why did the Act “Section:60(4)” at all - in the first place??


Section: 68
Question:

How soon after the conclusion of the election is the INEC required to publish the final summary of the results of the concluded election on their website?

And what would be the penalty if the INEC failed to publish the final results within such timelines?


Section: 71(1)
Question:

Why is it that the duplicate copies of “..the collated result which were completed at the ward, local government, state and national levels of collation..” were to be given to the police officers and the polling agents; but these same collated results were not mandated by the Electoral Act to be electronically transmitted to the IREV Portal as well -- just as was the case with the polling unit results in section:60(3)?

(The collated results are supposed to be electronically transmitted to the IREV Portal too).


Section: 137(3)(a)&(b).
Question:

This section of the Act says that where a petitioner complains about the conduct of an electoral officer, a presiding officer, returning officer, IT SHALL NOT BE NECESSARY TO JOIN SUCH OFFICERS, NOTWITHSTANDING THE NATURE OF THE COMPLAINT but rather, the commission shall be made a respondent, and be DEEMED TO BE DEFENDING THE PETITION FOR ITSELF AND ON BEHALF OF ITS OFFICERS OR SUCH OTHER PERSONS.
But in the Paragraph--51(1) of the “First Schedule”, the Act says that when the election petition complains about the conduct of an electoral officer, a presiding officer, returning officer, or any other official of the commission, he shall be DEEMED TO BE A RESPONDENT, AND BE JOINED IN THE ELECTION PETITION AS A NECESSARY PARTY.

These two provisions of the Electoral Act 2026 are clearly contradicting themselves.

So the question here is...
“Which one out of these two contradicting provisions of the “Electoral Act 2026” would be taken as the substantial law?”

..


Now that I have finished listing out the issues which I discovered with the Newly Enacted “Electoral Act 2026”....... Only two things are now left to be done.

1. It's either that the National Assembly members go back and amend the “Electoral Act 2026” in such a way to answer all these “Questions” without further ambiguities..

...Or...

2. That some spirited citizens (or knowledgeable politicians) should pick up these “Questions” and head to any “Federal High Court” in the country for Further Interpretations, and for the issuance of necessary “Court Orders” to the INEC.

This Second Option Is Very Risky Though..

But nevertheless,,
..Rather than heading towards the next elections with a very confusing “Electoral Act” - without doing anything about it - then it is better to at-least head to the courts early enough, in order to know exactly where the Electoral Act truly stands in the eyes of the law -- and thus, minimize ambiguities.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by AMI3(m): 10:20am On Mar 08
helinues:
As the E transmission of election results from the polling unit have been erased, there is nothing wrong with this act.



All candidates contesting for any political position should make sure they have trusted agents in all the polling units. I created a thread about the important of polling unit agents before the 2023 election. That should take care of this act

The rest of your questions are mostly based on transmission of e results which won't be applicable in 2027 election.
Well, u may be right in ur opinion.
I have two questions for?

1) how do u check mate corrupt polling units agent (s) that may choose to favor a corrupt politicians ?

2) how do you control thugs that may come and fight, grab and run away with election materials?

Please let me know ur take on this
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by Inspirer1: 10:21am On Mar 08
The law makers, especially the opposition law makers failed their leaders
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by AMI3(m): 10:30am On Mar 08
biaframaster200:
All. This nonsense will. not make Peter Obi and all. his failure lawyer not to fail... Whatever the dimension of your law... you will always meet us in front...

This was the road we passed when we were heavily persecuted by the military regime...and we survived. How much more of a learner like Peter Obi and his charge and bail.lawyer. ...they will
This is not about Peter Obi or anybody it is for the good of everyone in this country.
Some of u know the truth but u prefer choosing the wrong side because u know that the outcome may not favor some of the corrupt politicians
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by helinues: 10:30am On Mar 08
AMI3:
Well, u may be right in ur opinion.
I have two questions for?

1) how do u check mate corrupt polling units agent (s) that may choose to favor a corrupt politicians ?

2) how do you control thugs that may come and fight, grab and run away with election materials?

Please let me know ur take on this
Polling units agents are citizens of Nigeria which should be responsible during election irrespective of the party they are representing

Same as your second question. The thugs are also citizens
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by TheBizGenius: 10:35am On Mar 08
AMI3:
Well, u may be right in ur opinion.
I have two questions for?

1) how do u check mate corrupt polling units agent (s) that may choose to favor a corrupt politicians ?

2) how do you control thugs that may come and fight, grab and run away with election materials?

Please let me know ur take on this
Let me answer you before he does.

1. This is a null question.
The agent belongs to you as a candidate. If he chooses to sell your right, then how is that the problem of another candidate?

This is like asking, "If I send my son to come collect money you owe me, what will happen if my son decides to run away with the money?"

2. Just make a recording. It will be presented in court and the court will cancel the records of the polling unit.

It may order another election for just that polling unit (if the number in the polling unit may change the voting result).

Now, you get it, abi?
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by udemzyudex(m): 10:35am On Mar 08
This was deliberately done, when will it be challenged and how long will it take to be rectified.
The election time table is out already.


Na wa ooo.
Re: Electoral Act 2026 -- Ambiguities, Unclear Sections, And Contradicting Sections by SixSeven: 10:49am On Mar 08
[quote author=SixSeven post=138692518]Why did the mod remove the other thread about Bwala on this same topic? That thread had more details of the interview than the analysis of Kperogi alone. Seun, this is another place you see how your mods destroy the forum. I have no problem reading Kperogi's opinions about it but the other thread showed evidence of the statements that were made and the OP attached tweets for each bit. It's unfair to hide it for this one.


As I wrote on that thread, no matter how people want to paint black as yellow, I have integrity . There are some things money can never ever buy, integrity is one of them. Integrity is not cheap. It can not be compromised. Those who are for sale cannot recognize it, so all they ask is who are you, who's your father, your family will never be greater than what ABC has achieved and all material delusions grin

If you don't Gerrit, forgerrit

Those who lie have no honor. Those who steal have no integrity. Those who lie on behalf of liars or justify the lies of liars have no integrity.

Someone whose history is shrouded in mystery is not someone I can tell my children and their children to look up to. Those are not the values we were given even if all the world wants to lie to themselves. Let everyone be corrupt, that's how cheap they are. If they like, let them buy mansions with money they stole, I am happy to sleep under bridge with money from my hand. It's not poverty, it's richness of the soul because you can never ever ever buy integrity. A man in whose biography, they used the picture of Donald Duke shows you how much they can go to lie about a history that never was.

https://www.tiktok.com/video/7169228553920253190

Dave Umahi's classmate said he was going to take him to court. At least, we can point to Umahi's classmate, we can point to someone who can tell us who he was in school. We cannot tell who went to school with the President. His friend Buhari was still able to show us his classmates when they came visiting him in Aso Rock as President.

https://www.youtube.com/watch?v=5Tf65EGOAgo

The Minister of Education wants us to verify credentials but his boss recently signed an electoral act where they no longer want academic credentials of the Presidential candidate to be a judicial matter, they want to usurp the constitution so that any kind of person can become President. It's a shame that APC gave us two presidents who made rubbish of our educational system. Guess who suffers for it? Ordinary Nigerians. People around the world do not believe una get integrity because una get Presidents with dubious background. When we tell you that there are things money can't buy, you can't understand it because money is the only thing that makes you rich so you can't understand wealth vs riches 🤡

Somebody once said that in looking for people to hire, you look for three qualities: integrity, intelligence, and energy. And if you don’t have the first, the other two will kill you.

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