ELECTORAL ACT 2026: Nigeria’s Revised Electoral Law Expands Spending Limits, Campaign Finance

By Abdulrasaq Kamaldeen

As the 2027 election gradually comes closer in Nigeria, the National Assembly has taken a bold step by making a substantial revision of the Electoral Act (2026).

The revision is, among other things, aimed at regulating Nigeria’s campaign finance framework. The step is necessary because the naira is losing its value, inflation is the order of the day, and the candidate needs to be regulated financially to meet the electoral requirements.

It primarily focuses on the increment of money expected to be spent for the campaign by the candidate, political parties, and individual financial contributions. So, the revision of the Act centered on sections 89, 91, 92, 93, and 94; these sections jointly govern the Independent National Electoral Commission’s (INEC) power to limit contributions to political parties, candidate spending limits, the prohibition of possession of foreign funds by the political party, and expecting party expenditure reporting; otherwise, it will attract sanctions. The most consequential changes are the increased spending limits across all elective offices, ranging from 100% to 400%, and a tenfold rise in the individual donation cap, from N50 million to N500 million.

Section 89 of the Act prohibits parties from holding funds outside Nigeria, any violation attracting forfeiture of such funds or assets to INEC with the payment of a minimum fine of N5,000,000.

Therefore, section 92 sets candidate spending limits a candidate may incur when the date of election has been publicly announced. It’s to be noted the campaign expenditure stated in the new Act is substantially higher than in the previous Act (2022). Thus, a presidential candidate is restricted to spending N10 billion during an election, but previously the candidate could spend five billion; a governor candidate’s spending limit has been increased from one billion to three billion; a senator candidate’s, from N100 million to N500 million; a House of Representatives candidate’s, from N70 million to N250 million.

The Act was not limited to the above-mentioned office but also addressed the election spending limits for candidates of the state House of Assembly, and area council chairmanship was increased from N30 million to N100 million, and lastly, the area council of councilorship increased from five million to ten million. In this situation, the candidates are given the opportunity to spend more during the election; they are restricted within the regulatory framework.

A candidate who violates the spending ceiling is liable to a fine of 1% of the permitted limit or 12 months’ imprisonment, or both upon conviction. A party that exceeds the spending limit is subject to forfeiture of the excess amount and a maximum fine of N10,000,000, which represents a tenfold increase from the amount specified in the 2022 Act.

It is noteworthy that the Act also increases the amount an individual may donate during an election. Individuals can now donate 500 million, unlike the previous Act , which pegged the maximum of donations to N50 million. An individual or entity that donates beyond the N500,000,000 limit will pay a fine of five times the excess amount. This represents a departure from the provision in the 2022 Act, which provided for a fine of N500,000, a nine-month prison term, or both.

Section 91 empowers INEC to cap contributions by individuals to parties or candidates and to demand source-of-funds information. A party exceeding the limit faces a fine of up to N10,000,000 and forfeiture; an individual faces five times the amount in excess of the prescribed limit. The Act empowers INEC to ask, “Where does the political party get the money?” Who gave them the money? And how did they get it?

Also, S 93 of the Act imposes a political party to submit its signed separate audited return within six months after the election and publish the audit on at least two separate newspapers and their websites; failure will lead to payment of a fine. Any accountant who helps the politician to make fake financial records (financial audit) shall be imprisoned for three years or subject to payment of 500 million (up from 3,000,000 in the 2022 Act), or both. A fine of up to N10,000,000 for non-filing of an audited return, plus N1,000,000 per day for every day the return remains overdue after the deadline. In the 2022 Act, these provisions stood at N1,000,000 and 200,000 per day, respectively.

Section 94 governs the disclosure obligations of political parties in respect of contributions received. That is to say, the political parties must disclose the donor’s details (name and address) who donated above 100 million for an election, but the pegged amount that may lead to a disclosure is one million less than the 2022 Act.

The strengthening of the Electoral Act (2026) indicates that political parties and candidates are not free to spend as they like, and tenfold donation caps increase risks, enabling elite capture of electoral financing. Any political party, candidate, or individual who spent beyond the spending limits will be sanctioned for such acts either by imprisonment or fine or both.

• Kamaldeen is a final year law student at Usmanu Danfodiyo University, Sokoto. He can be reached kamaldeenabdulrasaq@gmail.com.

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