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Former Vice President, Atiku Abubakar has issued a stern warning over what he describes as a grave and dangerous ambiguity in Nigeria’s Electoral Act, calling on the National Assembly to act immediately to safeguard the sanctity of the ballot.
In a statement by his spokesperson, Phrank Shaibu, Atiku raised alarm over 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.
“This is not a minor technical issue it is a direct threat to electoral integrity,” Atiku declared.
He warned that any legal provision that permits discretion in determining the validity of ballot papers creates a loophole that could be exploited to 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 you leave such a critical decision to subjective judgment, you invite manipulation, dispute, and ultimately, chaos,” he said.
Atiku stressed that while the provision may have been conceived to prevent voter disenfranchisement, its current framing is dangerously open-ended and capable of undermining public trust in the electoral system.
“At a time when Nigerians are demanding transparency and credibility, it is reckless to retain a clause that weakens confidence in the very foundation of democracy—the vote,” he added.
He noted with concern that this provision is not new but a legacy loophole carried over from previous electoral laws into the current act without sufficient safeguards.
“Rather than close known gaps in our electoral framework, the amendment regrettably preserved a provision that still leaves room for subjective interpretation at a critical stage of the process,” Atiku said.
The former vice president, therefore, called on the National Assembly to urgently amend the Electoral Act to eliminate any room for discretion in ballot validation and to establish clear, non-negotiable standards that protect the integrity of every vote.
He also urged the Independent National Electoral Commission, INEC, to move swiftly to tighten its operational guidelines and ensure that electoral officers are not placed in positions where personal judgment could override verifiable standards.
Atiku called on the international community, election observers, and democratic partners to pay close attention to Nigeria’s electoral legal framework, noting that the credibility of future elections depends as much on the law as on the process.
“The world is watching. Nigeria must not send a signal that its electoral system can be bent by interpretation,” he cautioned.
The former vice president noted that it was deeply disappointing that such a controversial provision has continued to survive multiple legislative revisions, stressing that lawmakers ought to have exercised greater diligence in safeguarding the sanctity of the ballot.
“The leadership of the National Assembly should have been more cautionary than casual in handling provisions that touch the very heart of our democracy. A ballot paper is not an ordinary piece of paper—it is a legal instrument whose authenticity is central to the credibility of the entire electoral process,” he said.
Atiku further held that the responsibility does not end with the legislature, pointing to the role of the executive in ensuring that laws passed meet the highest standards of integrity.
“The president, Bola Ahmed Tinubu, also bears a duty to subject every critical piece of legislation to rigorous scrutiny before appending his signature. Leadership demands vigilance. The document he assented to ought to have passed the most stringent integrity test,” Atiku added.
He stressed that where gaps are identified in laws governing elections, they must be corrected decisively and without delay.
“This is not about blame—it is about responsibility. And this provision must be corrected to restore public confidence and protect the sanctity of the vote.
“This loophole must be corrected. “Democracy thrives on certainty, not discretion—and Nigeria cannot afford anything less,” Atiku said.
2027: Fix dangerous loophole now — Atiku demands urgent Amendment of Electoral Act
