As Osun State prepares for the August 15, 2026 governorship election, one question that may arise among voters is whether those who arrive late at their polling units can still vote, particularly if the process stretches into the evening.
The simple answer is yes, a voter who is already on the queue at the official closing time may still be accredited and allowed to vote. But this does not mean voting can ordinarily continue until midnight.
What does the law say?
The Electoral Act, 2022 provides the legal framework for accreditation and voting, while the detailed timing and procedure are set by the Independent National Electoral Commission (INEC).
Section 47(1) of the Electoral Act requires a person intending to vote to present himself or herself with the voter’s card to the Presiding Officer at the polling unit where the person’s name is registered. Section 47(2) also provides for the use of technological devices prescribed by INEC to verify and authenticate voters.
This means a voter cannot simply arrive at any polling unit late and demand to vote. The voter must be registered at that particular polling unit and must undergo the prescribed accreditation process.
What happens at the official closing time?
This is where an important distinction comes in.
INEC’s Regulations and Guidelines for the Conduct of Elections provide that accreditation and voting commence at the time prescribed by the Commission and close at 2:30pm, with voters who are already on the queue by 2:30pm allowed to complete accreditation and vote.
Therefore, 2:30pm is not a licence for people to arrive at the polling unit at 2:30pm or afterwards and still vote.
A voter who joins the queue before the close of poll is protected by the procedure. A person who arrives after the prescribed closing time, however, cannot rely on the rule for voters who were already waiting.
So, can voting continue beyond 2:30pm?
Yes, where necessary.
If hundreds of voters are already in line when the official closing time arrives, the Presiding Officer is expected to allow those voters to complete the process. This could mean that voting continues beyond 2:30pm.
The important point is that the extension is for voters who were already on the queue before the close of poll, not for voters who arrive afterwards.
INEC’s own election-day guidance similarly states that polling stations have designated opening and closing hours but that voters on the queue before the close of poll will be accredited and allowed to vote.
Does this mean voters can vote until midnight?
No.
There is no general provision in the Electoral Act that gives voters a right to keep arriving at polling units and voting until midnight.
If voting continues into the evening, it would be because the prescribed process has not been completed for voters who were already on the queue before the close of poll, or because INEC has made a specific determination under its powers and procedures.
So, the popular claim that “everyone can vote until midnight” is misleading.
Voters should therefore not deliberately wait until late in the day because they believe polling units will remain open indefinitely.
What if BVAS or another technology fails?
This is another important issue for voters to understand.
Section 47(3) of the Electoral Act provides that where the technological device deployed for accreditation fails and a replacement is not provided, the election in that polling unit may be cancelled and another election scheduled within 24 hours if INEC is satisfied that the result from that polling unit would substantially affect the final result of the election and declaration of a winner in the constituency.
In other words, a technical problem does not automatically mean that voters should leave the polling unit or that voting should continue indefinitely.
The Presiding Officer and INEC are expected to follow the prescribed procedure.
What should Osun voters do?
For voters preparing to participate in Saturday’s election, the safest approach is to arrive early at the correct polling unit rather than rely on the possibility of an extended voting period.
INEC advises voters to go to the polling unit where they are registered. The Commission also provides a polling-unit locator for voters who need to confirm their location.
Voters should also remain orderly and peaceful throughout the process. After voting, INEC’s guidance allows voters who choose to do so to remain peacefully at the polling unit and observe the process through the declaration of the result.
The key message
For the Osun Election 2026, voters should remember this simple rule:
Do not plan to arrive at your polling unit at night. Arrive early. If you are already on the queue when the official closing time arrives, you should be allowed to complete accreditation and vote.
The law and INEC’s guidelines protect voters who are already waiting to vote; they do not create a general right to vote until midnight.
That distinction is important as Osun voters prepare to exercise their constitutional right at the polls.
