Atiku flags new ‘loophole’ in Electoral Act, urges quick fix

Atiku Abubakar, the ​former vice president, raised the alarm on Wednesday over what he described as a dangerous ambiguity in Nigeria’s Electoral Act. He called on the National Assembly to urgently amend the law to protect Nigeria’s electoral integrity.

​In a statement issued by Phrank Shaibu, his senior special assistant on public communication , Atiku criticised Section 63 of the Act. The provision allows a ballot paper lacking an official mark to be counted at the discretion of a returning officer.

​Concerns over partisan advantage

​The passage of the Electoral Act 2026 has sparked intense criticism from opposition figures. These critics fear the new legal framework could tilt the playing field in favour of the ruling All Progressives Congress (APC).

​Key issues cited by the opposition include the removal of indirect primaries for candidate selection and a significant increase in the presidential campaign spending limit. Critics also highlighted the absence of explicit provisions for real-time electronic results transmission, the removal of certificate forgery as a ground for election petitions, and the requirement for political parties to submit digital membership registers to the Independent National Electoral Commission (INEC).

​…Says discretionary powers threaten transparency

​In a renewed protest, Atiku warned that such discretion creates room for manipulation and undermines public confidence in elections. He argued that democracy cannot function effectively where critical decisions are left to subjective judgement.

​”This is not a minor technical issue; it is a direct threat to electoral integrity,” Atiku said. He noted that while the provision may have been intended to prevent voter disenfranchisement, its current wording is overly broad and vulnerable to abuse. He described the clause as a “legacy loophole” carried over from previous electoral laws without adequate safeguards.

​The former vice president urged lawmakers to remove any ambiguity by establishing clear, non-negotiable standards for ballot validation. He also called on INEC to tighten its guidelines to prevent electoral officers from overriding objective criteria.

​Atiku further tasked President Bola Tinubu with ensuring stricter scrutiny of electoral legislation before giving his assent. He insisted that leadership requires vigilance in safeguarding democratic processes. Atiku warned that Nigeria’s electoral credibility is under global scrutiny and must not be weakened by legal uncertainty, insisting the loophole be closed without delay.