Former Vice-President Atiku Abubakar has raised concerns over a provision in Nigeria’s Electoral Act that allows a returning officer to decide whether a ballot paper without an official mark should be counted, describing the clause as a serious threat to credible elections.
In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Abubakar criticised Section 63 of the Act, warning that it introduces a level of subjectivity that could undermine the electoral process.
According to Atiku, the issue goes beyond a simple drafting oversight and has far-reaching implications for the integrity of elections in the country. He cautioned that any legal framework that leaves room for discretionary judgment in determining valid votes creates an avenue for manipulation and could ultimately distort the will of the electorate.
“This is not a minor technical issue—it is a direct threat to electoral integrity,” the statement reads.
“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.”
While acknowledging that the provision may have been intended to prevent voters from being unfairly disenfranchised, Abubakar argued that its current wording risks eroding public confidence in the 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.
Atiku further noted that the clause appears to have been carried over from previous electoral laws without adequate safeguards, leaving a critical gap unaddressed.
“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.”
The former vice-president called on the National Assembly to urgently review and amend the law, insisting that clear, non-negotiable standards must be established for ballot validation.
“The leadership of the National Assembly should have been more cautious than casual in handling provisions that touch the very heart of our democracy,” he said.
“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.
“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.
“The President, Bola Ahmed Tinubu, also bears a duty to subject every critical legislation to rigorous scrutiny before appending his signature.”
