Atiku Flags 'Dangerous Loophole' in Electoral Act, Demands Urgent Fix
Former Vice President Atiku Abubakar has issued a stark warning about a critical provision in Nigeria's Electoral Act, describing it as a "grave and dangerous ambiguity" that poses a direct threat to the integrity of elections. In a statement released by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku called for immediate legislative action to amend the law, emphasizing that the current wording undermines public confidence and invites manipulation.
Concerns Over Section 63 and Ballot Validation
Atiku specifically highlighted Section 63 of the Electoral Act, which includes a clause permitting a ballot paper without an official mark to be counted at the discretion of a returning officer. He argued that this provision creates room for subjective judgment, potentially leading to disputes and abuse during the electoral process. "This is not a minor technical issue—it is a direct threat to electoral integrity," Atiku stated, stressing that democracy cannot survive on ambiguity. He added, "A ballot must either meet the standard or it does not. The moment such a critical decision is left to discretion, it opens the door to manipulation and chaos."
Historical Context and Legislative Oversight
While acknowledging that the provision may have been intended to prevent voter disenfranchisement, Atiku criticized its overly broad wording, which he said weakens trust in the system. He noted that this loophole is not new but has been carried over from previous electoral laws without sufficient safeguards. Rather than addressing known gaps, recent amendments have preserved this subjective element, allowing for interpretation at a crucial stage of the process. Atiku expressed disappointment that the provision has survived multiple legislative reviews, urging lawmakers to exercise greater diligence in protecting the sanctity of the ballot.
Calls for Action and Accountability
Atiku urged the National Assembly to amend the law without delay, removing any element of discretion in ballot validation and establishing clear, enforceable standards. He also called on the Independent National Electoral Commission (INEC) to strengthen its operational guidelines to ensure that electoral officers are not placed in positions where personal judgment could override objective criteria. Additionally, he appealed to the international community and election observers to closely monitor Nigeria's legal framework, noting that election credibility depends as much on the law as on the process. "The world is watching. Nigeria must not project an electoral system that can be bent by interpretation," he cautioned.
Executive Responsibility and Final Warning
Atiku pointed to the responsibility of the executive branch, noting that President Bola Ahmed Tinubu has a duty to subject critical legislation to rigorous scrutiny before assent. "This is not about blame—it is about responsibility. Where gaps exist in laws governing elections, they must be corrected decisively and without delay," he said. He concluded with a firm warning that democracy thrives on certainty, not discretion, urging immediate action to restore public confidence in Nigeria's electoral system.
