Nigeria’s Electoral Act 2026 assigns election announcements and winner declarations to officials, while leaving unaddressed whether newsrooms may total announced polling-unit figures before the formal result.
The question came into focus in an Oct. 25 opinion article by Yiaga Africa Executive Director Samson Itodo, published by Premium Times. He argued that reporters should be able to combine polling-unit tallies after officials announce them, provided coverage does not claim the contest is decided. Itodo also said public scrutiny could improve oversight and reduce political pressure during collation.
Enacted Feb. 18, Act No. 1 of 2026 repealed and replaced the Electoral Act 2022. Section 25 identifies officers responsible for announcing figures at polling units, wards, local government or Area Council centers, and state collation centers. Returning officers declare winners; for a presidential election, that role belongs to the Chief Electoral Commissioner.
Section 60 requires presiding officers to record the count on Form EC8A, sign and stamp it, and seek countersignatures from candidates or polling agents when they are available. Officers must transmit results electronically to the Independent National Electoral Commission (INEC) Result Viewing Portal (IReV) and announce them at the polling unit. If a communications failure prevents transmission, the signed Form EC8A, with any available countersignatures, remains the primary source for collation and declaration.
INEC must maintain a National Electronic Register of Election Results containing polling-unit and collated figures. A person or political party can request a certified copy after paying the commission’s fee.
The Guardian and BusinessDay reported that INEC Chairman Joash Amupitan warned editors at the All Nigeria Editors Conference in September against publishing or amplifying privately collated results. TheCable reported Oct. 6 that Amupitan said INEC had exclusive authority to declare election results. The Act assigns winner declarations to returning officers, but does not expressly say whether a newsroom can aggregate polling-unit figures already announced by officials.
Other provisions account for changes during the process. Section 51 requires cancellation at a polling unit if votes cast exceed accredited voters; Section 24 addresses postponed or disrupted polls. The Constitution also sets vote and geographic-spread requirements for presidential and governorship candidates. Under Section 124(4), a four-year prison term applies to certain result announcements or publications, including those that knowingly report false results or conflict with the signed certificate of return.
