By Jibrin Okutepa
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.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. The qualification to run for elective offices in Nigeria is a fundamental constitutional requirement that can not be outlawed just like that by the National Assembly.
The new Electoral Act has only two grounds to present election petition in 2027. It provides that: “138. (1) 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.(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election. (3) 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”
Hitherto, presentation of forged certificates, which formed parts of grounds of qualification had always been part of the grounds for presentation of election petition under our electoral jurisprudence. 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. 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.
Is the provision of section 138 of the Electoral Act 2026 not unconstitutional and in conflict with the provisions of constitution that prohibit persons who present forged certificates in aid of their qualifications from being qualified for elective offices of the President, Governors and members of the National and State Houses of Assembly. 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.
For instance, sections 137(1)(j),182(1)(j), 107(1)(i) and 66(1)(i) of the 1999 constitution all respectively provide that no person shall be qualified for election to the offices of the President, the governors, the legislative Houses of the National and state Houses of Assembly if such persons presented forged certificates to Independent National Electoral commission.
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. It is not in the interest of the moral values of the nation. 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.
There is an urgent need to include the ground of presentation of forged certificate 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. 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.
*Jibrin Okutepa is a Senior Advocate of Nigeria and public affairs commentator
