Calls For Urgent Amendment Of Electoral Act 2026
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Senior Advocate of Nigeria, Jibrin Okutepa, SAN, has raised alarm over the removal of presentation of forged certificates as a ground for election petitions in the new Electoral Act 2026, describing it as unconstitutional and a grave legislative disservice to the moral values of Nigeria.
In a post on his X handle on Monday, Okutepa questioned whether the National Assembly has now allowed forgers to be elected and to lead Nigerians.
The senior lawyer pointed out that the new Electoral Act has only two grounds to present election petitions in 2027.
“It provides that: ‘138. (1) An election may be questioned on the grounds that the — (a) election was invalid by reason of corrupt practices or non-compliance with the provisions of this Act; or (b) respondent was not duly elected by majority of lawful votes cast at the election,'” Okutepa quoted.
He noted that hitherto, presentation of forged certificates, which formed part of grounds of qualification, had always been part of the grounds for presentation of election petition under Nigeria’s electoral jurisprudence.
“But the new Electoral Act 2026 has removed that ground from the grounds for presentation of election petition. Why was the ground of qualification removed from the provisions of the Electoral Act 2026? I cannot hazard a guess,” he stated.
Okutepa questioned the rationale behind the removal.
“Does it mean that the National Assembly has now allowed forgers to be elected and to lead us? Can they do so in the face of constitutional provisions? I do not think so,” he said.
The senior advocate argued that the provision conflicts with clear constitutional provisions.
“Is the provision of section 138 of the Electoral Act 2026 not unconstitutional and in conflict with the provisions of constitution that prohibit persons who present forged certificates in aid of their qualifications from being qualified for elective offices of the President, Governors and members of the National and State Houses of Assembly? I think it is unconstitutional,” Okutepa stated.
He cited several constitutional provisions that disqualify persons who present forged certificates.
“For instance, sections 137(1)(j), 182(1)(j), 107(1)(i) and 66(1)(i) of the 1999 Constitution all respectively provide that no person shall be qualified for election to the offices of the President, the Governors, the legislative Houses of the National and State Houses of Assembly if such persons presented forged certificates to Independent National Electoral Commission,” Okutepa explained.
The senior lawyer described the deliberate removal of the grounds of presentation of forged certificate as fundamentally flawed.
“The deliberate removal of the grounds of presentation of forged certificate in the grounds for presentation of election petition is fundamentally flawed and grave disservice to the nation. It is not in the interest of the moral values of the nation.
“What this means is that those who have forged certificates and who present it to their parties and subsequently to INEC and who win election to any of the above offices can now rule us with forged certificates,” he warned.
Okutepa also highlighted the penalty provisions in the new Act.
“Where the court makes a determination that an election is being questioned by a political party or candidate on grounds outside of those provided for under subsection (1), the court shall impose penalties of not less than N5,000,000 on the counsel and not less than N10,000,000 on the petitioner,” he quoted.
The senior advocate called on the National Assembly to urgently revisit the grounds for presentation of election petition.
“There is an urgent need to include the ground of presentation of forged certificate as grounds to present election petition. Law must be made to serve a purpose that only those with good certificates duly earned should lead us.
“The National Assembly should revisit the grounds for presentation of election petition in the 2026 Electoral Act. It has to do so urgently in the interest of the nation Nigeria,” Okutepa urged.
He maintained that the qualification to run for elective offices in Nigeria is a fundamental constitutional requirement that cannot be outlawed by the National Assembly.
“I think the National Assembly has effectively outlawed presentation of forged certificates as part of the grounds for the presentation of election petitions from the jurisprudence of election petition cases in Nigeria. They have completely removed the grounds of qualification from the grounds for presentation of election petition in Nigeria.
“But can they do so? I do not think so. The qualification to run for elective offices in Nigeria is a fundamental constitutional requirement that cannot be outlawed just like that by the National Assembly,” Okutepa concluded.
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