Understanding Nigeria's Electoral Act 2022: What Voters Need to Know
The Electoral Act 2022 replaced the 2010 Act and introduced some of the most consequential reforms in Nigeria's electoral history. Many of the changes were directly influenced by lessons learned from the 2019 general elections and the legal disputes that followed.
This is a plain-English summary of the provisions that matter most to voters.
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1. Electronic Accreditation with the BVAS
The Bimodal Voter Accreditation System (BVAS) replaced the Smart Card Reader. The BVAS can authenticate voters in two ways: by fingerprint and by facial recognition. If a voter's fingerprint fails due to wear or injury, the facial photo on the PVC can be used to confirm identity.
This change reduced the incidence of fingerprint-related accreditation failures and made impersonation significantly harder.
2. Electronic Transmission of Results
Section 60 of the Act allows the Presiding Officer to transmit election results electronically from the polling unit. While INEC's regulations determine the exact mode, the law now provides a clear basis for real-time result transmission — the same mechanism that powers the Watch Nigeria Elections live feed.
3. Early Voting for INEC Officials
One of the most quietly transformative provisions allows electoral officials, security personnel, and accredited observers to vote early — typically a day before the general election. This ended the long-standing problem of ad-hoc INEC staff being unable to vote because they were deployed to other polling units on election day.
4. Stricter Penalties for Vote-Buying
The Act increased the fine for vote-buying and conviction can now carry a prison term of up to 12 months. The definition of "inducement" was broadened to include any gift, money, or offer made with the intent to influence a voter — not just cash handed over at a polling unit.
5. Nominating Candidates by Direct and Indirect Primaries
The original version of the Act mandated direct primaries for all political parties. After pushback, the law was amended to allow parties to choose between direct and indirect primaries in their constitutions. This matters because the primary method shapes who can emerge as a party's candidate.
6. Substitution of Candidates
A party may only substitute a candidate after primaries if the candidate dies or withdraws. This closed a loophole that previously allowed parties to swap candidates at will after primaries.
7. Time Limit for Election Petitions
An election petition must be filed within 21 days of the return of the winner. Tribunals must deliver judgments within 180 days (for governorship petitions) or 60 days (for legislative petitions) from the date of filing. These deadlines are strict and have shaped many post-election legal outcomes.
8. Technology for Diaspora and Early Registration
The Act authorizes INEC to adopt electronic voting where practicable, and to consider diaspora and prison voting in phases. While diaspora voting has not yet been implemented for general elections, the legal foundation now exists.
9. Over-Voting and Result Cancellation
If the number of votes cast exceeds the number of accredited voters in a polling unit, the result of that polling unit is cancelled. This is why accurate accreditation counts matter — and why citizen verification of those counts is so important.
10. INEC's Power to Review Declared Results
Section 65 gives INEC the power to review any declaration made under duress or contrary to the law. This provision was first invoked in the 2022 Osun governorship election and represents a major backstop against coerced declarations.
Why This Matters
The Electoral Act 2022 is not perfect. Implementation gaps remain. But it provides voters, observers, and civil society with clear legal tools to challenge irregularities. Knowing the law is the first defense of your vote.
At Watch Nigeria Elections, we encourage every citizen to read the full Act on INEC's website and to understand their rights before any election day. An informed voter is harder to deceive.
Covering Nigerian politics, elections, security and society. Committed to transparent, fact-based journalism for a better Nigeria.
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