By Timileyin Okunlola 

The Independent National Electoral Commission (INEC) sits at the centre of Nigeria’s electoral process. For every election conducted, the commission carries the responsibilities of ensuring its success. As crucial as this role is, INEC’s actual powers often remain shrouded in ignorance as many citizens can’t say with confidence what those powers entail, where they stop, or what INEC can genuinely be held accountable for.

INEC is the bedrock of Nigeria’s democracy. Therefore, understanding its mandate isn’t merely a matter of civic curiosity, but one of necessity to fully understand what the Commission is empowered to do, where its legal boundaries lie, and how it is held accountable under the law.

The INEC Mandate

Section 153 of the 1999 Constitution establishes INEC as one of the Federation’s independent executive bodies, with its detailed composition, powers, and functions set out in Part I of the Third Schedule. While the Constitution secures INEC’s fundamental existence, its day-to-day operational execution is heavily steered by the landmark statutory advancements of the Electoral Act 2022, and now the Electoral Act 2026, which President Bola Tinubu signed into law in February 2026, replacing the 2022 Act ahead of the 2027 general elections.

Legal Powers

INEC operates as an independent executive body, and its powers span nearly every stage of the electoral process. Major areas include:

Election Management: This involves organizing, undertaking, and supervising elections for the President, Vice President, Governors, National Assembly and State Houses of Assembly. 

Voter and Boundary Regulation: This entails creating and maintaining the National Register of Voters, issuing voter cards, and periodically reviewing constituency boundaries. 

Political Party Oversight: This involves registering, monitoring, and auditing the finances of political parties. It also includes monitoring party congresses and primaries, where parties must legally provide INEC with at least 21 days notice before holding candidate selection events. Under the 2026 Act, registration itself now comes with a fixed ₦50 million administrative fee and a tightened registration process.

Rule-Making and Technology Adoption: The commission holds the power to issue internal guidelines and election regulations. Following the statutory evolution through the Electoral Act 2026, INEC is now legally backed to deploy tools like the Bimodal Voter Accreditation System (BVAS) for accreditation and the INEC Result Viewing Portal (IReV) for result transmission, under a statutory hybrid results framework that now makes electronic transmission mandatory.

Review of Flawed Declarations: Introduced in 2022, this allows INEC to review and overturn election results declared by returning officers under duress or in clear violation of electoral rules, within seven days.

Investigation of Electoral Offences:  With this, INEC can investigate, and where appropriate, initiate the prosecution of electoral offenders.

Read also: Pre-election Disputes and Legal Preparedness: Lessons from past elections in Nigeria

Boundaries & Limitations

INEC’s authority is significant, but it isn’t limitless and Nigeria’s courts have made that point clear time and time again. Earlier this year, the Court of Appeal struck down several sections of the Electoral Act 2026 that had granted INEC extensive control over political parties’ internal primaries and membership registers, ruling that the provisions conflicted with parties’ constitutional right to determine their own candidates. It was a direct reminder that although constitutionally backed, the institution operates within limits and the courts can enforce those limits. 

Despite its vast mandate, INEC remains an administrative body, and does not hold absolute or unchecked power. Some of the boundaries imposed by the law include:

Compliance with the Constitution: INEC’s guidelines and regulations cannot override or contradict Acts of the National Assembly or the 1999 Constitution. For instance, while INEC can register and monitor political parties, it cannot close party registers arbitrarily, as freedom of association is a fundamental constitutional right. 

Limits on Internal Party Affairs: While INEC monitors primaries, it generally lacks the power to pick or impose candidates. The courts consistently affirm that political parties retain core autonomy over their internal administrative affairs, provided they adhere to basic statutory timelines. 

Dependence on the Judiciary and Security Architecture: INEC can investigate and prosecute electoral offenses, but it does not possess police powers or run independent courts. It relies entirely on national security agencies for enforcement, and the regular court systems and tribunals to finalize penalties. 

The Hybrid Results Framework: Technology usage in carrying out its duties is legally recognized, however, legislative updates emphasize a hybrid result management system, which means electronic transmission of results works together with legally fundamental physical documentation and manual collation, rather than replacing it totally. 

Independence and Accountability 

Notwithstanding these limitations, the law also made certain provisions for INEC, to protect it from manipulation by the political class. These safeguards include:

The Consolidated Revenue Fund: To shield it from legislative or executive defunding, INEC’s operational funds are paid directly from the federation’s consolidated fund, helping to ensure its financial autonomy. 

Early Release of Funds: Statutory provisions require that all necessary funds for a general election must be fully disbursed to INEC at least six months to one year before the election. This ensures that logistics cannot be hindered by political whims. 

Strict Oaths of Neutrality: Under the law, all staff, electoral officers, and returning officers must swear an official oath of loyalty and neutrality. Falsifying these declarations or failing to disclose partisan ties is a punishable criminal offense.

Judicial Review: Every guideline, decision, and declared result by INEC is subject to rigorous checks by Election Petition Tribunals and the appellate courts. As an administrative body, aggrieved candidates can bring INEC’s decisions to the courts to enforce compliance with the law. 

The National Assembly also plays a critical role beyond confirming appointments — it retains oversight through its lawmaking function, including the power to amend the Electoral Act itself, as seen with the 2026 Act.

Read also: The Last Line of Defence: Why Courts and Tribunals Matter for Electoral Integrity

Areas of Ongoing Reform

Despite these measures, institutional gaps remain a focal point of public debate. Because the INEC Chairman and National Commissioners are appointed by the President, subject to Senate confirmation, civil society groups and legal experts continue to advocate for a fully non-partisan selection process. There are also ongoing calls to create an Independent Electoral Offences Commission, shifting the heavy burden of criminal prosecution away from INEC’s administrative core, so the Commission can focus on running elections rather than also policing them.

Why This Matters…

It’s convenient to think of INEC’s legal mandate as a technical matter for lawyers and electoral administrators. However, every power INEC exercises, from registering the party you may vote for, to deciding how your vote gets transmitted and counted, directly touches your experience as a voter.

Knowing what INEC can and can’t legally do thereby changes how you engage with the institution. A complaint grounded in what the law actually permits carries far more weight than one grounded in assumption, and knowing where the courts, the National Assembly, and civil society fit into holding INEC accountable means knowing where exactly to direct complaints and misgivings when something goes wrong.

Holistically, INEC’s mandate, powers, limits, and the accountability structures around it form a single system — one designed so that no single actor, including INEC itself, can control an election unchecked. INEC’s mandate is broad, but it was never meant to be unchecked. Understanding this is a critical component of electoral literacy.

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