Atiku raises concern over section 63 of Electoral Act

Former Vice President Atiku Abubakar has urged the National Assembly to urgently review the Electoral Act, warning that a disputed provision in the law could threaten the credibility of elections if not addressed.

Atiku made his position known on Wednesday in a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu.

The African Democratic Congress (ADC) leader specifically criticised Section 63 of the Act, which permits a returning officer to count a ballot paper lacking an official mark at their discretion. He argued that the provision creates room for abuse and possible manipulation.

He maintained that lawmakers ought to have exercised greater caution in safeguarding the integrity of the electoral process.

He said, “The leadership of the National Assembly should have been more cautious than casual in handling provisions that touch the very heart of our democracy.

“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 a minor technical issue—it is a direct threat to electoral integrity.”

Atiku further warned that allowing discretion in determining the validity of ballot papers creates loopholes that could be exploited to subvert the will of voters.

The Waziri Adamawa noted that the disputed clause is not entirely new, describing it as a retained provision from previous electoral laws that was carried into the current legislation without adequate safeguards.

“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.

“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.

The former presidential candidate also urged the Independent National Electoral Commission (INEC) to strengthen its operational guidelines to prevent electoral officials from relying on personal discretion where objective standards should apply.

He also called on the international community, election observers and democratic partners to monitor Nigeria’s electoral legal framework closely, stressing that the integrity of future elections depends not only on implementation but also on the strength of the law itself.

“The world is watching. Nigeria must not send a signal that its electoral system can be bent by interpretation. The President, Bola Tinubu, also bears a duty to subject every critical legislation to rigorous scrutiny before appending his signature.

“Leadership demands vigilance. The document he assented to ought to have passed the most stringent integrity test,” Atiku added.

President Bola Tinubu had signed the Electoral Act 2026 (Amendment) into law on February 18 at the Presidential Villa in Abuja, one day after the bill was approved by the National Assembly.

The signing ceremony, which took place around 5:00 p.m., was attended by principal officers of the National Assembly.