Okutepa faults new Electoral Act, warns forged certificate cases may escape election

…As INEC confirms removal

Jibrin Okutepa, a senior advocate of Nigeria (SAN), has criticised provisions of the Electoral Act 2026, warning that the new law may have effectively removed the presentation of forged certificates as a ground for filing election petitions.

In a post on X on Tuesday, Okutepa argued that the revised law narrows the grounds upon which elections can be challenged, raising concerns about whether issues relating to the qualification of candidates, particularly the submission of forged certificates, can still be contested at election tribunals.

The senior lawyer said the development could conflict with constitutional provisions that disqualify candidates who present forged certificates to the Independent National Electoral Commission (INEC).

“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,” Okutepa wrote.

According to him, the Electoral Act 2026 now provides only two grounds for challenging election results.

Quoting Section 138 of the law, he said: “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.”

He noted that the section also stipulates penalties for petitions brought on grounds outside those listed in the law.

“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,” the provision states.

Okutepa said that, historically, allegations relating to forged certificates formed part of the qualification grounds under Nigeria’s electoral jurisprudence and could be used to challenge election outcomes at tribunals.

“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 said.

The SAN questioned whether the National Assembly has the authority to remove issues of qualification from election petitions, arguing that such matters are rooted in the Nigerian Constitution.

“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,” he stated.

Okutepa further argued that the law could be unconstitutional because several provisions of the 1999 Constitution expressly disqualify candidates who present forged certificates.

He cited Sections 137(1)(j), 182(1)(j), 107(1)(i) and 66(1)(i) of the Constitution, which respectively bar individuals who submit forged certificates from contesting for the offices of president, governor, and 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 that prohibit persons who present forged certificates in aid of their qualifications from being qualified for elective offices?” he asked.

Describing the change as a “grave legislative disservice,” Okutepa warned that the development could weaken accountability in the electoral process.

“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,” he said.

According to him, the implication is that individuals who allegedly present forged certificates and subsequently win elections may no longer face challenges through election petitions.

“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 added.

Okutepa therefore, called on the National Assembly to urgently review the Electoral Act 2026 to restore the qualification ground, particularly the issue of certificate forgery, in election petitions.

“There is an urgent need to include the ground of presentation of forged certificates 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,” he said.

Commenting on the issue, Muhammad Adam, another legal practitioner, said a candidate can still be taken to court for certificate forgery but “not for the purpose of nullifying an election. It’s a pre-election matter which can only be filed by members of the same party.”

Confirming the removal to BusinessDay, Adedayo Oketola, chief press secretary and media advisor to the INEC Chairman, said the provision has been expunged from the amended law.

Oketola explained that Section 138 of the Electoral Act, 2026 now provides only two grounds upon which an election may be challenged, and certificate forgery is not one of them.

He said by this provision, allegations of certificate forgery now fall within the realm of pre-election matters or intra-party affairs, rather than grounds for questioning the validity of an election before an election tribunal.

“It therefore, behooves political parties to undertake thorough verification of the credentials of their prospective candidates to ensure that only duly qualified persons are nominated and presented for the 2027 general election.”