BY JULIET EKWENUGO
Abuja
Former Vice President, Atiku Abubakar, has raised alarm over what he described as a dangerous loophole in Nigeria’s Electoral Act, warning that it could undermine the credibility of the 2027 general elections if not urgently addressed.
In a statement issued on Wednesday in Abuja by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku drew attention to Section 63 of the Act, particularly the provision that allows a ballot paper without an official mark to be counted at the discretion of a returning officer.
He described the provision as a serious threat to electoral integrity.
“This is not a minor technical issue—it is a direct threat to electoral integrity,” Atiku said.
He warned that leaving the validation of ballot papers to the discretion of electoral officers creates room for manipulation and could compromise the will of the people.
“A democracy cannot survive on ambiguity. A ballot must either meet the standard or it does not. The moment such a critical decision is left to subjective judgment, it opens the door to manipulation, disputes and, ultimately, chaos,” he said.
The former vice president noted that although the provision may have been introduced to avoid disenfranchising voters, its current wording is too broad and capable of eroding public trust in the electoral process.
“At a time when Nigerians are demanding transparency and credibility, it is risky to retain a clause that weakens confidence in the foundation of democracy—the vote,” he added.
He further observed that the provision is not new, but a carryover from previous electoral laws, which was retained in the current Act without adequate safeguards.
“Rather than close known gaps in our electoral framework, the amendment preserved a provision that still allows subjective interpretation at a critical stage of the process,” he said.
Atiku called on the National Assembly to urgently amend the Electoral Act to eliminate any room for discretion in ballot validation and establish clear, uniform standards.
He also urged the Independent National Electoral Commission (INEC) to review and strengthen its operational guidelines to ensure that electoral officers are not placed in positions where personal judgment could override established procedures.
The former vice president appealed to the international community and election observers to pay close attention to Nigeria’s electoral legal framework, stressing that the credibility of future elections depends on both the law and its implementation.
“The world is watching. Nigeria must not create the impression that its electoral system can be bent by interpretation,” he said.
Atiku criticised lawmakers for allowing such a provision to persist through successive amendments, noting that greater caution was required in handling electoral laws.
“A ballot paper is not an ordinary document; it is a legal instrument central to the credibility of the entire electoral process,” he said.
He also pointed to the role of the executive arm, noting that President Bola Ahmed Tinubu has a responsibility to ensure that critical legislation is subjected to thorough scrutiny before assent.
“Leadership demands vigilance. Laws governing elections must pass the highest integrity standards,” he said.
Atiku stressed that any identified gaps in electoral laws must be corrected without delay to restore public confidence in the system.
“This is not about blame but responsibility. The provision must be corrected to protect the sanctity of the vote,” he said.
He maintained that democracy thrives on certainty, not discretion, warning that Nigeria cannot afford ambiguity in its electoral process ahead of the 2027 polls.
