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Electoral Act: Jega Insists On Amendments Before Poll, Says President Should Not Pick INEC Chair

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A former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, has raised concerns over some sections of the 2026 Electoral Act, calling for urgent amendment.

 

He maintained that regardless of the lofty intentions of the act to add value to the integrity of elections in Nigeria, it contains “issues of serious concern” and some areas that require further contemplation in order to remove ambiguities and strengthen the efficacy of the electoral law.

Prof Jega made the observations in a paper titled “Some Reflections on the 2026 Electoral Act and Nigeria’s Electoral Democracy,” delivered at a public presentation of “A Collection of Essays: Readings on the Legislature,” authored by a policy expert, Prof Ladi Hamalai, on Wednesday, in Abuja.

He identified some “grey provisions” in the act that require immediate review to include Section 60(3) that borders on the electronic transmission of election results; Section 83(5), which restrains courts from entertaining any suit on the internal affairs of a political party and Section I38 (1), which excludes qualification as a ground for post-election challenge.

The professor of political science lauded the electoral law for mandating the electronic transmission of results, but expressed worry over the clause in the provision that makes the result sheet – Form EC8A – the primary collation document, where electronic transmission fails.

While acknowledging that the clause anticipates the need to fall back on Form EC8A if all efforts at electronic transmission fail, Jega warned it could be a recipe for election malpractice, noting that “given what we know about the Nigerian environment and the desperation of the ‘do-or-die’ politicians, there shouldn’t be such a vague provision, which would be used to truncate electronic transmission, in favour of manual transmission of results, which is easier to fraudulently manipulate and exploit.”

“Besides, there is an undue emphasis on reliance on data on the IReV portal for final determination of results in case of transmission failure. If this is so, there is a misunderstanding of the fact that IReV transmitted data is for public ‘viewing’ purposes only. The data to be relied upon in result declaration should be the backend result compilation database, which ideally is more secure, not publicly accessible, and less susceptible to fraudulent intrusion,” he added.

The former INEC chair described Section 83(5) as a sweeping generalisation that needs to be moderated, wondering how courts could be denied the power to entertain “internal affairs” of a political party that contradict constitutional provisions, such as those bordering on fundamental rights and the rule of law.

Recall that a former INEC Resident Electoral Commissioner, Mike Igini, had also raised the alarm over Section 63 of the act, warning that it could open the door to electoral manipulation ahead of the 2027 general elections.

Jega further questioned the constitutionality of excluding qualification as a ground for post-election matters, citing Section 131 of the 1999 Constitution, which recognises at least a school certificate or its equivalent as part of the requirements for any individual seeking to run for elective positions.

“Besides, it is a very good provision in the previous acts, which has been put to good use, and there does not seem to be any rational justification for removing it; unless, of course, if some certificate fraudsters and qualification racketeers would like to have an unrestricted field day,” he said.

He recommended urgent amendment to the 2026 Electoral Act “within the AU/ECOWAS protocols, which require all amendments to and reviews of the electoral legal framework to be completed at least six months to the general elections.”

As of today (Friday), the 2027 general election is six months and a week away, based on the revised INEC timetable, casting doubt on possible amendments. The presidential and National Assembly elections are slated for January 16, 2027, while the governorship and State Houses of Assembly elections will be held on February 6, 2027.

Prof Jega further identified other pertinent reforms to the electoral legal framework that should be addressed “at the earliest opportunity” after the 2027 elections. He said those reforms are persistent carry-overs from recommendations made by panels such as the Justice Muhammad Lawal Uwais Electoral Reform Committee.

The scholar stressed that to strengthen the independence of INEC, the power of appointment of the chairman and national commissioners should be taken away from the president, “to free the commission from the damaging negative perception of he who pays the piper calls the tune.”

He said INEC should be “unbundled” to enable it to focus on preparation and conduct of elections, while other agencies should be entrusted with the prosecution of electoral offenders, constituency delimitation, registration and regulation of political parties.

Jega recommended that beyond party registrations, there should be a stringent legal threshold political parties must cross before they could vie and field candidates for elective positions, especially offices of governor and president.

He maintained that the campaign finance limits – N10 billion for presidential candidates; N3bn for governorship candidates; N500 million for senatorial candidates; N250m for House of Representatives candidates; N100m for State House of Assembly candidates – are high and encourage monetisation of the electoral process. He called for a downward review and effective oversight by regulatory and law enforcement bodies to ensure compliance.

Jega said electoral reforms undoubtedly play a major role in shaping how citizens view the democratic process and whether they choose to participate in it. He urged that prolonged delay in reviewing and improving the electoral legal framework should be avoided, adding that reforms at every electoral cycle are commendable and should be sustained.

“But reform measures must be products of broad-based consultations, as nationalistic, patriotic and selfless endeavours by legislators, the government in power and key stakeholders, with a clear focus on adding remarkable value to electoral integrity and sustainable participatory democratic development,” he stated.

Jega said when reforms improve transparency, access and fairness, they strengthen public trust in democratic institutions and encourage greater voter turnout, civic engagement and participation as well as accountability of elected officials to the electorate.

“While the National Assembly and all stakeholders involved deserve commendation for ensuring that the 2022 Electoral Act was replaced by the 2026 Electoral Act, within one electoral cycle, some misplaced, whether unintended, are deliberately and selfishly introduced, have tended to undermine the corrective efficacy of the new law. These may need to be looked at and remedied as soon as possible,” he added.

In a country like Nigeria, Jega insisted that building trust through inclusive and well-implemented electoral reforms is critical to long-term, sustainable, democratic development, highlighting the major responsibility of courts in interpreting electoral provisions to safeguard the integrity of the electoral process.

“There are serious worrisome concerns emanating from the judicial quarters, in this regard, with willful acts by reckless judges/justices, acts of ‘judicial rascality’, which undermine not only electoral integrity and democratic development, but also integrity of the courts, and which the NJC (National Judicial Council) needs to swiftly nip in the bud.

“A good legal framework is a necessary condition for electoral integrity and desirable, sustainable democratic development. But it is not a sufficient condition. Other requirements include democratic character, mindset and disposition of the political parties and the politicians that populate them; enlightened and actively participating citizenry; and institutions that discharge their responsibilities effectively, efficiently and with integrity. It is a good combination of all these that puts a country in transition to democracy on the trajectory for stable, sustainable democratic development.

“Indeed, all hands need to be firmly on deck, to ensure a conducive environment for the preparation and conduct of the 2027 general elections with integrity; and improving the prospects of stable, sustainable democratic development in Nigeria,” he concluded.

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Red Cross Declares Over 1,500 People Missing In A Nigerian State

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The International Committee of the Red Cross (ICRC) says it is following up on more than 1,500 cases of missing persons in Yobe State, as families continue to live with uncertainty over the fate and whereabouts of their loved ones.

 

The Head of the ICRC Sub-Delegation in Damaturu, Syed Rashid Hassan, disclosed this on Thursday at an event organised to commemorate the 2026 International Day of the Disappeared in Damaturu.

Hassan said the figure was part of more than 17,000 missing-person cases being followed up by the ICRC in Nigeria, adding that more than half of those reported missing were children at the time of their disappearance.

He said the figures likely represented only a fraction of the total number of people reported missing across the country.

According to him, more than 513,000 people worldwide were registered as missing with the Family Links Network of the International Red Cross and Red Crescent Movement by the end of 2025.

He described missing persons as one of the most devastating and long-lasting consequences of armed conflict and other situations of violence, disasters and migration.

“The issue of missing people is one of the most devastating and long-lasting consequences of armed conflict and other situations of violence, disasters and migration,” he said.

Hassan said the consequences of disappearance went beyond the missing individuals, as families were left with emotional, economic, legal, administrative, psychological and psychosocial challenges.

He said the ICRC had adopted a holistic approach to supporting affected families, working with the Nigerian Red Cross Society, government authorities and other stakeholders.

He said the organisation was working to prevent family separation and people going missing, reunite families, clarify the fate and whereabouts of missing persons, protect the dignity of the dead and improve systems for documenting unidentified bodies.

He disclosed that the ICRC launched an accompaniment programme in Damaturu to help families cope with the psychological and psychosocial effects of the disappearance of their loved ones.

“Today, many families are still living in uncertainty, causing agony and unspeakable suffering,” Hassan said, adding that more than 50 families had so far been supported through the programme.

The ICRC official called for stronger and sustained efforts to search for missing persons and provide answers to their families.

He also called for stronger national legal and institutional frameworks, including medico-legal systems, mechanisms to determine what happened to missing persons and support systems to address the economic and legal needs of affected families.

Hassan commended the Yobe State Emergency Management Agency (SEMA), the Ministry of Justice’s Justice Sector Reform Team, the Ministry of Basic and Secondary Education through the Yobe State Universal Basic Education Board (YBSUBEB), as well as community leaders, for supporting efforts to address the plight of missing persons and their families.

He said SEMA had supported the implementation of a national mass-fatality response plan in the state, while the Justice Sector Reform Team was reviewing the coroner’s law.

He also said YBSUBEB had accepted to incorporate key messages on prevention of family separation into activities in primary schools.

Speaking on behalf of families of missing persons, the Chairman of the Families of the Missing, Ali Idris, said families continued to live between hope and uncertainty while waiting for answers about their loved ones.

Idris said the absence of answers affected their emotional wellbeing, livelihoods and family relationships, making it difficult for many to move forward.

He expressed appreciation to the ICRC for supporting families through tracing efforts, family reunification and its accompaniment programme, including mental health and psychosocial support sessions.

He also appreciated traditional, religious and community leaders, as well as government ministries and agencies, for supporting efforts to address the issue.

However, Idris appealed to authorities to open their doors to families of missing persons and provide stronger and more coordinated support.

“Our needs go beyond finding our missing loved ones. Yes, we need answers. We need continued efforts to search for and clarify the fate and whereabouts of those who are missing.

“But we also need support for the families who have been left behind,” he said.

He said families faced emotional distress, economic hardship, legal and administrative challenges and difficulties in accessing documentation following the disappearance of their loved ones.

The International Day of the Disappeared is commemorated annually on August 30 to honour missing persons and stand in solidarity with their families.

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11 Rescued As Several NYSC Members Abducted

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Several members of the National Youth Service Corps (NYSC) were abducted on Wednesday along the Aloma-Egane Expressway in Ofu Local Government Area of Kogi State, with the police confirming the rescue of 11 victims.

 

The corps members were reportedly travelling from the NYSC orientation camp in Kolokuma/Opokuma Local Government Area of Bayelsa State when armed men attacked their vehicles.

In a statement made available on Friday, spokesperson for the Kogi State Police Command, Saliu Afusat, said security operatives launched a rescue operation immediately after receiving a distress call.

According to her, the operation led to the rescue of 11 abducted victims, including the drivers of the two buses involved in the incident.

She said preliminary debriefing showed that most of the rescued victims were NYSC members travelling from Bayelsa State to Abuja.

Afusat said the incident occurred at about 4:40pm around Ogene Zaria, near the Ogene Zaria/Onicha-Igo Junction, when armed hoodlums emerged from the bush, blocked two buses travelling in opposite directions and abducted some passengers.

“Upon receipt of the distress call, the Divisional Police Officer, Ofu, led a joint security team to the scene, where two abandoned vehicles — a Peace Mass Transit white Hummer bus and a yellow 18-seater bus — were recovered,” she said.

She added that a coordinated bush-combing and rescue operation was subsequently launched, resulting in the recovery of the 11 victims.

The rescued persons were debriefed and, after necessary procedures, allowed to continue their journey, according to the police.

The command did not disclose the exact number of people abducted in the attack, while efforts to ascertain the number of NYSC members still in captivity were ongoing.

Afusat said the police and other security agencies had deployed “every available operational and intelligence resource” to locate and rescue any remaining victims and apprehend the assailants.

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2027: Courts Should Not Decide Election Winners – Falana

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Human rights lawyer, Femi Falana, on Wednesday declared that courts should not be allowed to determine the winners of elections in Nigeria.

 

Falana insisted that the involvement of the judiciary in Nigeria’s democratic process should be limited because it’s making a mockery of the citizen’s choices.

Speaking on Arise Television’s Sunrise Daily, the activist lawyer noted that there are no indications that the judiciary is positioned to address the challenges that could arise in the 2027 general elections.

According to Falana: “There is no indication yet that the Nigerian judiciary is positioned to address some of the challenges that may emanate with respect to some of the elections likely to take place in January and February next year.

“For me, the first matter to address is the role of the judiciary in the electoral process in Nigeria. We must stop the practice whereby the court determine the winners of the election in Nigeria.”

Falana insisted that the judiciary should not be allowed to hide under technicalities to make a mockery of those duly elected by Nigerians.

He stressed on the need for the Independent National Electoral Commission, INEC, and relevant stakeholders to ensure the conduct of proper elections devoid of electoral irregularities.

Falana added: “We just had an election in Osun State, forget all the shortcomings, at the end of the day, the beauty of it will be that the governorship election will not go to court because the people have decided, they have elected their leader so no court should be allowed to hide under technicalities to make a mockery of the popular choice of the people.

“So for me, the role of the judiciary must have to be extremely limited in the democratic process in our country. Again that depends on the media, INEC, and all concerned Nigerians to ensure that elections are conducted, no fake results are announced, so that you limit the area that people might want to go to tribunal, the regular court, or the appellate court. We must start with the conduct of good elections so that our courts are limited in the democratic process.”

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