Electoral Act: Counting Unmarked Ballot Papers Can Be Exploited To Subvert People’s Will — Atiku

 

By Olumuyiwa Olumuyiwa

 

Former Vice-President Atiku Abubakar has argued that a certain section of the Electoral Act that allows a ballot paper without an official mark to be counted at the discretion of a returning officer is a loophole liable to be exploited to subvert the will of the electorate.

 

Atiku noted that the loophole is not a minor technical issue as it can pose a threat to the credibility and integrity of Nigeria’s election.

 

The former VP said the phrasing in question is in Section 63 of the Electoral Act describing it as a “grave and dangerous ambiguity”.

 

Phrank Shaibu, Abubakar’s Senior Special Assistant on Public Communication, made this known in a statement issued on Wednesday.

 

According to the statement, any legal provision that permits discretion to determine the validity of ballot papers is a loophole that could be exploited to compromise the will of the people.

 

 

“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 said although the provision may have been conceived to prevent voter disenfranchisement, its current framing is 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 said that the provision is a 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.”

 

 

 

He, however, called on the national assembly to amend the Electoral Act to eliminate any room for discretion in ballot validation and to establish non-negotiable standards that protect the integrity of every vote.

 

“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.”