Atiku Demands Urgent Amendment To ‘Dangerous Loophole’ In Electoral Act

Former Vice President, Atiku Abubakar, has called for an immediate amendment of Nigeria’s Electoral Act, 2026, warning that a dangerous provision in the law could undermine the credibility of future elections.

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In a statement issued on Wednesday by his Senior Special Assistant on Public Communication, Phrank Shaibu, the African Democratic Congress (ADC) chieftain raised concerns over Section 63 of the Act. He described as “dangerous” the clause 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,” he declared, warning that any legal provision that permits discretion in determining the validity of ballot papers opens the door to manipulation and could compromise the will of the electorate.

“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 acknowledged that the provision may have been intended to prevent voter disenfranchisement but argued that its current wording was “dangerously open-ended” and capable of eroding public trust in the electoral process.

“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.

Atiku further noted that the contentious provision is not new, describing it as a “legacy loophole” carried over from previous electoral laws without adequate 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,” he said.

He urged the National Assembly of Nigeria to urgently amend the law to eliminate any room for discretion in ballot validation, stressing the need for clear and non-negotiable standards.

He also called on the Independent National Electoral Commission (INEC) to review its operational guidelines to ensure electoral officers are not placed in positions where personal judgement could override established standards.

In addition, Atiku appealed to the international community and election observers to closely monitor Nigeria’s electoral legal framework, warning that the credibility of future polls depends on both the law and its implementation.

“The world is watching. Nigeria must not send a signal that its electoral system can be bent by interpretation,” he cautioned.

He expressed disappointment that the provision has survived multiple legislative revisions, accusing lawmakers of failing to exercise sufficient diligence in protecting 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 also pointed to the role of the executive, noting that the responsibility for ensuring sound legislation does not rest solely with lawmakers.

“The President, Bola Ahmed Tinubu, also bears a duty to subject every critical 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,” he added.

While noting that the issue is not about assigning blame, Atiku stressed the urgency of corrective action.

“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,” he said.

He concluded with a stark warning, “This loophole must be corrected. Democracy thrives on certainty, not discretion and Nigeria cannot afford anything less.”