How new Electoral Act 2026 makes it ‘impossible’ to decamp after party primaries
Politics
Nigeria’s Electoral Act 2026 is poised to fundamentally reshape the country’s notoriously fluid political landscape by making last-minute party-hopping after primary elections far more difficult, if not impossible for aspirants who lose out in their original parties.
The law’s key provisions, particularly Section 35 (Invalidity of Multiple Nomination), Section 30 (Prohibition of Double Nomination), Section 33 (Political Parties Changing Candidates), and the stringent membership register rules under Section 77, create a procedural “freeze” that effectively ends the era of easy defections once primaries begin.
Unlike previous cycles, where politicians could lose a ticket in one party and simply cross over to another for nomination, the 2026 Act demands that parties submit a digital membership register to the Independent National Electoral Commission (INEC) at least 21 days before primaries.
Only individuals whose names appear on that frozen register can validly contest or be nominated. Late defectors are automatically excluded.
Section 35 is explicit: “Where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.”
Section 30 reinforces this by prohibiting double nominations and criminalising related offences. Substitution under Section 33 is now limited strictly to cases of death or voluntary withdrawal, requiring a fresh primary within 14 days, a window that does not accommodate post-loss defectors.
A March 2026 amendment passed by the House of Representatives (still awaiting full Senate concurrence) goes further by criminalising dual party membership under Section 77, with penalties of up to ₦10 million fine, two years imprisonment, or both. Dual registrations are declared void, forcing politicians to choose one party early or risk disqualification.
This represents a sharp departure from the freewheeling defections that defined earlier elections. A classic case is former Edo State Governor Godwin Obaseki’s 2020 switch from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
In mid-2020, Obaseki fell out with APC national leadership and his predecessor, Adams Oshiomhole. After failing to secure the APC governorship ticket amid allegations of disqualification and internal crisis, he defected to the PDP. The PDP welcomed him, adjusted its processes, and nominated him as its candidate.
Obaseki went on to win re-election in September 2020 under the PDP banner, a move that would have been virtually impossible under the new rules.
Political analysts note that under the 2026 Act, Obaseki would have been locked out of PDP’s primary because his name would not have been on the party’s membership register submitted 21 days earlier.
Attempting dual nomination would have voided both tickets, and substitution rules would not have applied.
However, critics argue the provisions could entrench incumbents and party godfathers while limiting genuine democratic choice.
Some lawmakers have already triggered a wave of pre-deadline defections in states like Akwa Ibom as politicians scramble to align before registers are locked.
With the 2027 general elections looming and primaries expected between April and May 2026, the clock is ticking, as political parties have already begun submitting registers, and INEC has warned that failure to comply will bar any candidate from the ballot.
The message from the Electoral Act 2026 is clear: in the new era, you play in one party’s primary or you sit out the cycle.
The days of shopping for tickets after defeat are effectively over.
