Former Vice President, Atiku Abubakar, has sounded the alarm over Section 63 of the Electoral Act, particularly the clause that allows a ballot paper without an official mark to be counted at the discretion of a returning officer. He warned that such a critical provision could compromise the integrity of elections.
In a statement signed by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku described the provision as a “grave and dangerous ambiguity,” stressing that it creates room for manipulation and could undermine the credibility of the electoral process.
“This is not a minor technical issue – it is a direct threat to electoral integrity,” he said, stressing that any system that leaves ballot validation to subjective judgment invites dispute and potential abuse.
“A democracy cannot survive on ambiguity. A ballot must either meet the standard or it does not. The moment such a critical decision is left to discretion, it opens the door to manipulation and chaos,” he added.
While noting that the provision may have been intended to prevent voter disenfranchisement, the former vice president argued that its current wording is overly broad and weakens public confidence in the system.
“At a time when Nigerians demand transparency and credibility, it is risky to retain a clause that undermines trust in the very foundation of democracy – the vote,” he said.
He also observed that the provision is not new but was carried over from previous electoral laws without sufficient safeguards.
Rather than closing known gaps, Atiku said, recent amendments have preserved a loophole that allows subjective interpretation at a critical stage of the process.
The former Vice President, therefore, urged the National Assembly to amend the law without delay, removing any element of discretion in ballot validation and establishing clear, enforceable standards.
He also called on the Independent National Electoral Commission (INEC) to strengthen its operational guidelines to ensure that electoral officers are not placed in positions where personal judgment could override objective criteria.
Atiku further appealed to the international community and election observers to pay close attention to Nigeria’s legal framework, noting that the credibility of elections depends as much on the law as on the process.
“The world is watching. Nigeria must not project an electoral system that can be bent by interpretation,” he cautioned.
He expressed disappointment that the provision has survived multiple legislative reviews, urging lawmakers to exercise greater diligence in safeguarding the sanctity of the ballot.
Atiku also pointed to the responsibility of the executive, noting that President Bola Ahmed Tinubu has a duty to subject critical legislation to rigorous scrutiny before assent.
“This is not about blame—it is about responsibility. Where gaps exist in laws governing elections, they must be corrected decisively and without delay,” he said.
The former Vice President concluded with a firm warning that democracy thrives on certainty, not discretion, urging immediate action to restore public confidence in Nigeria’s electoral system.
