Former Vice-President Atiku Abubakar has criticised a provision in the Electoral Act that allows ballot papers without official markings to be counted at the discretion of a returning officer, calling for its urgent amendment by the National Assembly.
In a statement issued by Phrank Shaibu, his senior special assistant on public communication, Abubakar described Section 63 of the Act as a serious and dangerous ambiguity.
He warned that the provision could undermine the credibility of elections in Nigeria, stressing that it is not a minor technical flaw.
The former vice-president argued that any law allowing subjective judgement in determining the validity of ballot papers creates a loophole that could be exploited to manipulate electoral outcomes.
“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.”
Abubakar noted that while the clause may have been intended to prevent voter disenfranchisement, its current wording risks eroding public confidence in the electoral process.
“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 further said the provision appears to be a legacy issue carried over from previous electoral laws without adequate 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.”
Abubakar called on the National Assembly to urgently amend the law to remove any discretion in ballot validation and establish clear, binding standards to protect votes.
“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.”