NEWS
Controversy Trails Electoral Act 2026 as Jibrin Raises Alarm Over Removal of Forged Certificates as Grounds for Election Petitions
A fresh legal controversy has emerged over the provisions of the Electoral Act 2026 following concerns raised by Nigerian lawmaker and former member of the House of Representatives, Abdulmumin Jibrin, who warned that the new legislation may have effectively removed the presentation of forged certificates as a valid ground for challenging election results in court.
The development has triggered debate among legal experts and political observers, with many questioning whether the National Assembly has inadvertently created a legal loophole that could undermine constitutional requirements for qualification to public office in Nigeria.
According to Jibrin, the new Electoral Act appears to have drastically narrowed the legal grounds upon which election petitions can be filed after the 2027 general elections. He argued that the law now restricts petitions to only two conditions, potentially excluding issues relating to candidates’ qualifications, including allegations of certificate forgery.
The controversial provision is contained in Section 138 of the Electoral Act 2026, which states that an election may only be challenged if the election was invalid due to corrupt practices or non-compliance with the provisions of the Act, or if the declared winner was not duly elected by the majority of lawful votes cast during the election.
The law further provides that acts or omissions that merely violate directives or instructions issued by the electoral commission or its officials, but do not contravene the provisions of the Act itself, cannot be used as grounds to question an election.
More significantly, the section introduces stiff penalties against petitioners and their legal representatives who attempt to challenge elections on grounds outside those explicitly provided in the Act. The provision mandates that courts impose penalties of not less than ₦5 million on the counsel involved and at least ₦10 million on the petitioner if such petitions are deemed to fall outside the permissible grounds.
Before the enactment of the Electoral Act 2026, allegations of forged academic or professional certificates were widely recognized within Nigeria’s electoral jurisprudence as valid grounds for filing election petitions. Questions surrounding a candidate’s eligibility or qualification were frequently litigated before election tribunals and appellate courts.
Jibrin, however, argued that the new Act appears to have deliberately removed qualification issues from the scope of election petitions, raising serious constitutional and ethical questions.
He maintained that qualification to contest elective offices remains a fundamental constitutional requirement and cannot be casually eliminated by an Act of the National Assembly.
The Nigerian Constitution contains explicit provisions disqualifying individuals who submit forged certificates to the electoral body from contesting certain political offices. Sections 137(1)(j), 182(1)(j), 107(1)(i) and 66(1)(i) of the Constitution of the Federal Republic of Nigeria clearly state that any person who presents forged certificates to the electoral body is not qualified to contest for the offices of President, Governor, or membership of the National Assembly and State Houses of Assembly.
These constitutional provisions were designed to uphold integrity and credibility in public leadership by ensuring that individuals seeking public office meet minimum educational and ethical standards.
Jibrin warned that removing forged certificates as a ground for election petitions could create a dangerous precedent that undermines these constitutional safeguards.
According to him, if candidates who submit questionable certificates are allowed to contest elections without the possibility of legal challenge through election tribunals, it could weaken public trust in Nigeria’s democratic institutions.
He further argued that such a development would represent a grave legislative disservice to the moral and ethical values of the nation.
Legal analysts have also raised concerns about whether Section 138 of the Electoral Act 2026 may conflict with constitutional provisions. In Nigeria’s legal hierarchy, the Constitution remains the supreme law, meaning any law enacted by the National Assembly that contradicts constitutional provisions could ultimately be declared invalid by the courts.
If challenged, the judiciary may be required to determine whether the new electoral law can lawfully limit the grounds for election petitions in a way that appears to sidestep constitutional disqualification clauses.
The controversy has sparked calls for the National Assembly to urgently review the contentious provision before the next electoral cycle. Observers argue that electoral laws must strengthen, rather than weaken, accountability mechanisms that ensure only qualified individuals hold public office.
Jibrin therefore urged lawmakers to revisit the Electoral Act 2026 and restore the presentation of forged certificates as a legitimate ground for election petitions. He stressed that electoral laws must serve the broader national interest by ensuring that only individuals with legitimately earned qualifications are entrusted with political leadership.
As debates intensify across legal and political circles, the issue is expected to remain a major point of discussion ahead of the 2027 general elections, particularly as stakeholders seek clarity on how the courts will interpret the apparent tension between the Electoral Act and Nigeria’s constitutional provisions.