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Mike Igini, a former Independent National Electoral Commission (INEC) Commissioner, has alleged that some sections of the 2026 Electoral Act contain flawed provisions which could sabotage the 2027 election.
Igini, while speaking on Arise News, said Section 63 of the 2026 Electoral Act has given presiding officers the discretion to accept ballot papers that do not bear the security features or mark of the electoral umpire.
Section 63(2) of the 2026 Electoral Act reads, “Where the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the Presiding Officer of the polling unit in which the vote was cast for use at the election in question, he or she shall, notwithstanding the absence of the official mark, count that ballot paper”.
According to Igini, this provision could undermine the credibility of the 2027 elections because politicians with access to INEC ballot paper security features can produce their ballot papers, and returning officers who are “satisfied” with them can accept and count them during voting.
“You can see it there; that ballot paper that will be used for the 2027 election, that does not bear the official security features of INEC, should be accepted by the presiding officer. You can read it there, that where the returning officer is satisfied, they were satisfied that was contained in Section 49 of the 2010 act that took us years until 2022 to repeal, to remove, because what is the objective condition to determine what satisfy a presiding officer?” said Igini.
“The presiding officer has now been given the discretion to now accept a ballot paper, notwithstanding the absence of the official mark, and to count that ballot paper. What that means (1:43) is that before this election, politicians who now have access to the security features of the INEC ballot are going to produce their ballot papers.”
Igini also alleged that INEC officials who rig elections and flout INEC’s directives have been granted immunity from the election tribunal under section 137 of the 2026 Electoral Act.
“It will interest Nigerians to know that section 137 now says that all those categories of individuals – I think the other time I provided you with what we call a pyramid. All the categories that we have just mentioned, presiding officer and returning officer, it says that where the petition, that is, anybody who goes to file a petition, now complains of the conduct of an electoral officer, a presiding officer, and a returning officer. It shall not be necessary to join such officers, that is, those who have disobeyed INEC instructions and guidelines,” he added.
“That it shall not be necessary to bring them to the commission. That was why, you remember in 2019, in 2023 and previous elections, you find that because INEC has been joined, you are saying that the people who rig elections, presiding officer, who actually were the makers of the document, you said, because you have invited, you have joined INEC as a respondent. It shall not be necessary to bring them to the tribunal.”
