The Nigeria newly signed Electoral Act 2026, approved by President Bola Tinubu in February 2026, has triggered widespread outrage over the removal of certificate forgery as a ground for challenging election results in post-election petitions.
Under previous laws, including the Electoral Act 2022, petitioners could contest elections on grounds of a candidate’s lack of qualification, such as presenting forged educational certificates to INEC.
This aligned with the 1999 Constitution (as amended) Sections 137(1)(j), 182(1)(j), 66(1)(i), and 107(1)(i) which disqualify individuals from offices like President, Governor, or legislator if they submit forged certificates.
The new Act’s Section 138 limits petition grounds to two:
1. The election was invalid due to corrupt practices or non-compliance with the Act.
2. The winner was not duly elected by a majority of lawful votes cast.
Certificate forgery is omitted, shifting such allegations to pre-election matters, party disputes, or separate civil/criminal courts—outside the faster election tribunal system.
INEC has confirmed the National Assembly deliberately removed the provision.
Jibrin Okutepa (SAN) has called the change an “outrage” and potentially unconstitutional, arguing it conflicts with constitutional disqualifications and could allow forged certificate cases to “escape” electoral scrutiny.
He warned that qualification issues are now effectively removed from petition jurisprudence.
Other critics, including civil society and opposition groups, fear it weakens accountability, with some accusing the amendment of shielding politicians amid Nigeria’s history of certificate controversies. Penalties for filing outside permitted grounds—up to ₦5 million on counsel and ₦10 million on petitioners may further deter challenges.
While the Constitution remains supreme allowing pre-election suits or criminal prosecution for forgery, experts warn that relegating these to ordinary courts reduces efficiency, risking sworn-in officials facing delayed justice.
As Nigeria eyes the 2027 elections, the provision faces potential Supreme Court tests for constitutional conflict.
Administrator and Writer
