Amend Electoral Act now to save democracy, Atiku tells NASS

By Omeiza Ajayi

Former Vice President Atiku Abubakar has cautioned against what he described 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 signed by his Senior Special Assistant on Public Communication, Phrank Shaibu, on Wednesday, the Waziri Adamawa raised the alarm over Section 63 of the Act, particularly a 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 permitting 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 acknowledged that the provision may have been conceived to prevent voter disenfranchisement, but argued that 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 expressed concern that the provision is not new, describing it as 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 accordingly 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 tighten its operational guidelines and ensure that electoral officers are not placed in positions where personal judgment could override verifiable standards.

Atiku further called on the international community, election observers, and democratic partners to pay close attention to Nigeria’s electoral legal framework, warning 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.

Faulting the legislature for allowing the provision to survive multiple revisions, Atiku said the National Assembly leadership had been casual rather than cautionary in handling provisions that touch the very heart of Nigerian 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.

The former Vice President also trained his sights on President Bola Tinubu, arguing that the executive bears equal responsibility.

“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,” Atiku said.

He was, however, emphatic that the matter was not about apportioning blame but about accountability, insisting that identified gaps in electoral law 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”, he said.

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