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Prof Josiah Amupitan, INEC Chairman
The Independent National Electoral Commission (INEC) appears to be in a dilemma over the timing of the statutory pronouncements that would kick-start the 2027 elections.
The Commission, according to investigation by the Nigerian Tribune, is waiting on the National Assembly before making a pronouncement on the notice and guidelines for the 2027 general elections.
According to the existing Electoral Act 2022, the notice for the next general election must be given not later than 360 days before the next election. The 2023 presidential election was held on February 25, 2023, thus, going by the provisions of the existing law, the Electoral Commission has a little over a month to announce the notice of elections.
But with the Electoral Act Amendment Bill 2025 still in the works at the National Assembly, which is expected to resume on January 27, anxiety is mounting in INEC on whether the timelines can be met.
While the commission is conscious of the provisions of the Electoral Act 2022 which makes it mandatory for it to issue Notice of Election not later than 360 days to election date, multiple sources within the commission revealed that the leadership is determined to accommodate the Electoral Act (Amendment) Bill 2025, which is still before the two chambers of National Assembly.
Checks revealed that by the provisions of Section 28(1) of the Electoral Act 2022, INEC is required to publish a notice of election stating the date of the election, not later than 360 days before the date of the election and for a by-election, not later than 14 days before the day of the election.
The provisions read: “The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each state of the Federation and the Federal Capital Territory— (a) stating the date of the election, and (b) appointing the place at which nomination papers are to be delivered.”
Investigation by Nigerian Tribune, however, revealed that the draft amendment before the National Assembly proposed that the next presidential and governorship elections be held in November 2026, thereby moving the polls six months earlier than the existing practice.
The draft amendment was unveiled last October during a public hearing jointly organised by the Senate and House Committees on Electoral Matters in Abuja.
proposed amendment read: “Elections into the office of the President and Governor of a State shall be held not later than 185 days before the expiration of the term of office of the last holder of the office.”
Justifying the proposed amendment, Chairman of the House Committee on Electoral Matters, Honourable Adebayo Balogun, declared that the National Assembly intends to amend Sections 285 and 139 of the 1999 Constitution to shorten the timelines for election petitions, reducing tribunal judgments from 180 days to 90, appellate court decisions from 90 to 60 days, and ensuring that the entire judicial process does not exceed 185 days.
The amendment also seeks to make the electronic transmission of results mandatory, with penalties for non-compliance.
The proposed Section 60(5) reads: “The Presiding Officer shall transmit the results, including the total number of accredited voters, to the next level of collation both electronically and manually.”
Further investigation by Nigerian Tribune, however revealed that the National Assembly was yet to conclude the process of the amendment, as only the House of Representatives last December passed the Electoral Act Amendment) Bill, 2025.
By normal legislative process, both chambers are expected to convene a Conference Committee to reconcile differences and harmonise their positions before the bill is transmitted to the President for his assent.
Speaking with Nigerian Tribune in a telephone interview, INEC’s Director on Voters Education and Publicity, Mrs. Victoria Eta-Messi, maintained that the Commission has not breached any extant provision on 360 days notice to the election.
Asked if INEC would wait on the National Assembly to conclude the process of the Electoral Act Amendment) Bill, 2025 before it issues the notice of election, she declared that the position to be taken by the Commission would be guided by the existing window of 360 days.
She said: “If something is done within 360 days by the NASS and it is assented by Mr President; that means we have a new law.”
“But if there is no amendment within 360 days, then we will proceed with the 2022 Electoral Act.” (Nigerian Tribune)