Legal commentator Jibrin Okute has criticised the National Assembly over what he described as the “deliberate removal” of certificate forgery as a ground for filing election petitions under the Electoral Act 2026, warning that the provision could undermine constitutional standards for public office holders.
In a strongly worded statement, Okute argued that the revised law effectively excludes issues of qualification — including the presentation of forged certificates — from the grounds upon which election results can be challenged in court.
“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,” he said. “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.”
New Legal Framework
Citing Section 138 of the Electoral Act 2026, Okute noted that the law now limits election petitions to two grounds:
That the election was invalid due to corrupt practices or non-compliance with the Act; or
That the respondent was not duly elected by a majority of lawful votes cast.
The section further provides penalties for petitioners and their counsel who file cases outside these stipulated grounds.
Under the law: “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.”
It also states: “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 ₦5,000,000 on the counsel and not less than ₦10,000,000 on the petitioner.”
Okute described the omission of qualification-related issues as “fundamentally flawed.”
“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 our electoral jurisprudence,” he said. “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? I cannot hazard a guess.”
Alleged Conflict with the Constitution
Okute argued that the provision conflicts with sections 137(1)(j), 182(1)(j), 107(1)(i), and 66(1)(i) of the 1999 Constitution, which disqualify any person who presents forged certificates to the Independent National Electoral Commission (INEC) from contesting for the offices of President, Governor, or membership of the National and State Houses of Assembly.
“Is the provision of section 138 of the Electoral Act 2026 not unconstitutional and in conflict with the provisions of the Constitution?” he asked. “I think it is unconstitutional and grave legislative disservice to the moral values of Nigeria to outlaw presentation of forged certificate from the grounds of presentation of election petitions.”
According to him, the implication of the amendment is troubling.
“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.
“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.”
Call for Urgent Review
Okute called on the National Assembly to urgently revisit the Electoral Act 2026 and restore certificate forgery as a valid ground for election petitions.
“There is an urgent need to include the ground of presentation of forged certificate as grounds to present election petition,” he said. “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.”
The controversy is expected to spark further debate among legal practitioners and lawmakers over the balance between statutory provisions and constitutional safeguards in Nigeria’s evolving electoral framework.
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