Former Vice-President Atiku Abubakar has criticised a provision in Nigeria’s Electoral Act that allows ballot papers without official marks to be counted at the discretion of a returning officer, calling for its immediate amendment by the National Assembly.
In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku described Section 63 of the Act as a serious flaw capable of undermining the credibility of elections.
He warned that the provision poses a significant risk to the integrity of Nigeria’s democratic process, stressing that it goes beyond a minor technical concern.
“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.”
Atiku acknowledged that the clause may have been introduced to prevent voter disenfranchisement but argued that its current form creates room for abuse and weakens public confidence 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 said.
He further noted that the provision appears to have been carried over from previous electoral laws without adequate safeguards to address its potential risks.
“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 lawmakers to urgently review and amend the Act to remove any element of discretion in ballot validation and establish clear, uniform standards.
“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.”
Atiku also urged Bola Tinubu to ensure that critical legislation undergoes thorough scrutiny before receiving presidential assent.
