By Godson Azu
Nigeria stands again at a defining democratic moment. With elections scheduled in the Federal Capital Territory and several states, attention has shifted not merely to the conduct of the elections, but to the strength of the legal framework guiding them and the resolve of the people to assert their sovereign will. At the centre of this moment stands the Independent National Electoral Commission (INEC), and behind it, the newly enacted Electoral Act 2026—a law that now represents both an instrument of reform and a test of institutional integrity.
The question before the nation is profound: can the people, empowered by law and democratic consciousness, make a difference, and can INEC, under the authority of the Electoral Act 2026, prove its independence beyond doubt?
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Sovereignty Belongs to the People
The foundation of Nigeria’s democracy remains clear and inviolable. Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria declares: “Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority.” This provision establishes the people not merely as participants in governance, but as its ultimate source.
The enduring words of Abraham Lincoln define democracy as “government of the people, by the people, for the people.” This principle is not theoretical—it finds its most powerful expression in the act of voting.
Yet sovereignty must be exercised to remain meaningful. Democracy weakens when citizens disengage, and strengthens when they participate actively and vigilantly.
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The Electoral Act 2026: A New Legal Framework
The Electoral Act 2026 marks a significant evolution in Nigeria’s electoral jurisprudence. It repeals and replaces previous electoral legislation and establishes a revised legal foundation for the conduct of elections by INEC.
One of the most consequential provisions of the Act is the formal recognition of electronic transmission of election results through INEC’s designated portal, while retaining the legal validity of physical result sheets as the primary collation instrument where necessary. This hybrid model represents a compromise between technological advancement and administrative caution.
The Act also introduces reforms aimed at improving voter accessibility and participation, including provisions that allow greater flexibility in voter accreditation processes and improved management of the voter register, including accommodation for citizens with disabilities.
Furthermore, the law strengthens penalties for electoral offenses such as result falsification, unlawful interference with electoral officials, and procedural violations. These provisions are intended to deter misconduct and reinforce electoral accountability.
However, the true value of any law lies not in its text, but in its implementation. Laws provide structure, but integrity provides legitimacy.
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INEC at the Crossroads of Institutional Credibility
INEC occupies one of the most sensitive positions in Nigeria’s democratic architecture. It is entrusted not merely with conducting elections, but with safeguarding the legitimacy of the democratic process itself.
The Electoral Act 2026 provides INEC with both authority and responsibility. Its independence is constitutionally guaranteed, yet independence must be demonstrated through transparent and impartial conduct.
The political philosopher Montesquieu warned that “constant experience shows us that every man invested with power is apt to abuse it.” This observation underscores the importance of institutional restraint, accountability, and transparency.
INEC’s credibility will be judged not by declarations, but by actions—by the professionalism of its officials, the transparency of its procedures, and its fidelity to the will of the people.
Public trust, once lost, is difficult to restore. But when protected, it becomes the foundation of democratic stability.
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Technology, Law, and the Limits of Reform
The Electoral Act 2026 represents progress, but it also reflects the limitations of legal reform in isolation. Technology can enhance transparency, but it cannot substitute for institutional integrity. Legal provisions can deter misconduct, but they cannot eliminate it without enforcement.
The hybrid result transmission system provides both opportunity and responsibility. It creates mechanisms for transparency, but also places greater emphasis on the conduct of electoral officials and the vigilance of citizens.
Democracy is not secured solely by law, but by the collective commitment of institutions and citizens to uphold it.
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The Power and Responsibility of the Voter
The voter remains the central pillar of democracy. No institution, law, or political actor can override the collective will of citizens who are determined to exercise their rights.
Nigeria’s democratic history demonstrates this truth. From the sacrifices of pro-democracy movements to the peaceful transfer of power in 2015, Nigerians have repeatedly demonstrated their capacity to defend democratic legitimacy.
As Nelson Mandela wisely observed: “It always seems impossible until it is done.”
The Electoral Act 2026 provides a legal framework, but it is the participation of the people that gives democracy life.
When citizens vote, monitor the process, and demand accountability, institutions are compelled to respond accordingly.
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A Moral and Institutional Test
Tomorrow’s elections represent more than administrative exercises. They represent a test of Nigeria’s democratic maturity. They test whether the Electoral Act 2026 will strengthen transparency or merely exist as legislative text. They test whether INEC can rise above suspicion and fulfil its constitutional mandate. Most importantly, they test whether Nigerians remain willing to exercise their sovereign authority.
Democracy does not collapse in a single moment. It erodes through apathy, silence, and compromise. Conversely, it strengthens through vigilance, courage, and participation.
INEC must recognise that its legitimacy derives not merely from statutory authority, but from public confidence.
And the people must recognise that their vote is their most powerful instrument of democratic ownership.
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The Verdict of History
Every democracy reaches defining moments when institutions must prove their integrity and citizens must assert their sovereignty. This is such a moment for Nigeria.
The Electoral Act 2026 has established a new legal foundation. Whether it becomes a tool of democratic consolidation or a symbol of unrealised reform depends on its faithful implementation.
INEC now stands at the receiving end of public expectation and historical scrutiny.
If it conducts these elections with transparency, impartiality, and professionalism, it will strengthen Nigeria’s democratic future.
If the people participate with courage and vigilance, they will reaffirm the timeless truth that sovereignty ultimately belongs to them.
The law has spoken.
INEC must act.
And the people must decide.
Godson Azu. Is a UK based International Relations and Politics Expert.
