In a recent statement via his official X account, Senior Advocate of Nigeria, Jibrin Okutepa, has questioned the legality of removing certificate forgery as a ground for election petitions under the Electoral Act 2026.
”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,” he wrote.
In his post, Okutepa, has expressed strong reservations over recent changes in Nigeria’s electoral law and argued that the National Assembly may have overstepped its powers by removing the presentation of forged certificates as a ground for challenging election results in court.
Okutepa said qualification to contest for public office is a constitutional matter, according to him, it cannot be set aside or limited by ordinary legislation and maintained that the Constitution clearly outlines who is qualified to run for offices such as President, Governor, and members of the National and State Assemblies.
He explained that under the new Electoral Act 2026, election petitions can only be filed on limited grounds, these include claims that an election was marred by corrupt practices or that a candidate was not duly elected by lawful votes and pointed out that the law now imposes heavy financial penalties on petitioners and their lawyers if they bring cases outside these stated grounds.
The senior lawyer noted that in the past, allegations of forged certificates formed part of the grounds for questioning a candidate’s qualification in election petitions, he said the removal of this provision raises serious constitutional concerns.See_More…