Igini Warns Electoral Act Gaps Could Jeopardise 2027 Polls

Former Resident Electoral Commissioner of the Independent National Electoral Commission (INEC), Mike Igini, has raised concerns that Nigeria’s 2027 general elections could be undermined if key provisions of the Electoral Act are not urgently reviewed.

Speaking during an interview with Arise News on Wednesday, Igini pointed to Sections 63, 137, and 138 of the law as major vulnerabilities that could enable electoral manipulation, weaken accountability, and shift election outcomes from polling units to courtrooms.

He lamented the growing influence of the judiciary in deciding election results, stating: “Elections that ought to be determined conclusively at the polling unit are now being decided by the courts. The courts in Nigeria are now being asked to answer political questions rather than legal questions.”

According to him, this trend exposes the judiciary to undue pressure. “Whenever courts are made to answer political questions—who should be a candidate, who should be party chairman—the judiciary becomes vulnerable. Politicians will seek to capture the system,” he warned.

Igini described Section 63 as particularly troubling, calling it a “foundation-level threat” to credible elections. “A ballot paper that does not bear the official security features of INEC can now be accepted by a presiding officer. This is extremely dangerous,” he said.

He further questioned the ambiguity in the provision: “What is the objective standard for a presiding officer to be ‘satisfied’? This opens the door for politicians to print and introduce fake ballot papers that must be accepted.”

On Section 138, Igini argued that it weakens accountability within the electoral process. “An act or omission contrary to INEC’s directives—but not explicitly against the law—cannot be used to challenge an election. This effectively grants immunity for disobeying INEC guidelines,” he stated.

He also criticised Section 137, noting that it shields electoral officials from scrutiny. “It is no longer necessary to join presiding or returning officers in election petitions—even when they are directly responsible for misconduct,” he said.

Drawing from his experience, Igini warned that the provisions could facilitate coordinated electoral malpractice involving ad hoc staff. “Those who conduct elections are largely ad hoc staff. Many are vulnerable to influence. Politicians infiltrate the system ahead of elections,” he noted.

He added: “Before elections, money is distributed—even in foreign currency—to presiding officers. Some were told nothing would happen to them because the law protects them.”

Igini urged both INEC and the National Assembly to act swiftly to address the concerns. “INEC must urgently return to the National Assembly to seek amendment and repeal of these provisions—especially Section 63. The ballot is the foundation of the election,” he said.

Dismissing arguments that electoral reform should be gradual, he stated: “How long does it take to amend clearly dangerous provisions? The 2022 Electoral Act, in parts, is a retrogression.”

Despite his criticisms, Igini reaffirmed the importance of the judiciary in sustaining democracy. “The judiciary must remain the last line of defence for democracy and the rule of law. But that responsibility has not been fully upheld,” he said.

He called on courts to adopt a “purposive interpretation” of electoral laws to prevent abuse. “Courts must suppress the mischief these provisions enable and advance the remedy intended by law,” he added.

Issuing a stark warning ahead of the next general elections, Igini said: “If these provisions are not repealed immediately, the integrity of the 2027 election will be in flames.”

He emphasised that both sound legal frameworks and ethical conduct are essential for credible elections. “Good laws without people of integrity will fail. But even weak laws can work if managed by committed individuals,” he noted.

Igini concluded by stressing the broader implications for Nigeria’s democracy: “Democracy cannot survive where the rule of law is undermined. What gives legitimacy to those in power is the credibility of the electoral process.”

He also underscored the importance of political opposition, stating: “There is no hope for democracy without a viable opposition. That is what guarantees accountability and balance.”