Femi Ashekun/
A former Resident Electoral Commissioner of the Independent National Electoral Commission, Mike Igini, has raised fresh concerns over provisions in Nigeria’s amended Electoral Act, warning that Sections 63 and 138 could weaken safeguards at the polling unit level ahead of the 2027 general elections.
Speaking during an interview on ARISE News, Igini cautioned that recent amendments to the law may inadvertently create room for the acceptance of questionable ballot papers, despite existing provisions intended to ensure electoral integrity.
He specifically pointed to Section 63, which governs voting and counting procedures at polling units.
While the section retains the core framework that voting must take place at designated polling units, with ballots counted and results recorded and signed by the presiding officer, Igini argued that its interpretation could become problematic in practice.
According to him, the concern lies in the discretion that may be exercised by presiding officers in determining the validity of ballot papers during counting.
Igini warned that if not tightly enforced, such discretion could allow ballot papers lacking official security features or identifiable marks to be accepted and counted, particularly if electoral officers are unable or unwilling to strictly apply verification standards.
“What that means is that politicians who have access to INEC’s serial and security features could produce their own ballot papers,” he said, describing the potential implications as “dangerous” for the credibility of the electoral process.
Section 138, which deals with election petitions and the evidentiary basis for challenging results, has also come under scrutiny.
Analysts note that the amendment appears to place less exclusive reliance on electronic transmission of results, potentially elevating manual records and polling unit documentation in post-election disputes.
While the law does not explicitly authorise the acceptance of irregular or unauthorised ballots, critics argue that the combined effect of these provisions could create grey areas, particularly in high-pressure polling environments where decisions must be made quickly.
Electoral experts say the issue is less about the text of the law and more about how it may be applied in real-time situations at polling units, where oversight can be uneven and political stakes are high.
The debate comes amid broader concerns about the integrity of Nigeria’s electoral framework following the 2023 general elections, with stakeholders calling for clearer safeguards, stronger enforcement mechanisms, and improved transparency.
Igini stressed that elections are not only defined by legal provisions but by their implementation, warning that even minor procedural gaps at the polling unit level could have significant consequences for public trust and the legitimacy of election outcomes.
As preparations gradually begin for the 2027 polls, the interpretation and application of the amended Electoral Act are expected to remain a key point of debate among policymakers, legal experts, and electoral stakeholders.
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