By Chief Ibrahim Nasir
There is an old legal maxim, Fraus et jus nunquam cohabitant, which means “fraud and justice never dwell together”. But with the signing of the Electoral Act 2026, Nigeria seems to be trying to force them into a very uncomfortable marriage.
While the new Act was sold to us as a high-tech upgrade for our democracy, a “Trojan Horse” is hiding in Section 138. This specific clause has sparked a legal firestorm because it effectively creates a “Forger’s Charter,” shielding dishonesty under the guise of making our courts more efficient.
The heart of the scandal is simple: the law has deliberately removed “Qualification” as a reason to challenge an election at a tribunal. Under the old 2022 rules, if you discovered a winner had forged his/her certificates, you could take that evidence to the tribunal and unseat him/her. No more.
However, Section 138 of the 2026 Act narrows the grounds for a challenge to just two: “corrupt practices” or “not winning the majority of lawful votes.” By stripping “qualification” from the tribunal’s powers, the law has essentially built a “forgery loophole.” If a candidate wins using fake documents, a challenger can no longer use that discovery to stop them at the tribunal stage.
The National Assembly and INEC argue that these are “pre-election matters” that should have been settled in a Federal High Court months before the vote. But let’s be realistic: forgery is a hidden act. The truth about a fake degree or a lie about age, often only surfaces during the heat of a general election campaign.
By the time the whistleblower speaks up, the “pre-election window” has already slammed shut. This leaves a dishonest official virtually untouchable once they take the oath of office.
To make matters worse, Section 138(3) adds a “bully clause.” It introduces aggressive financial punishments for anyone daring to step outside these narrow lines. Any petitioner who brings a challenge on “forbidden grounds” faces a mandatory N10 million fine, while their lawyers are slapped with N5 million!
This isn’t just a legal rule; it’s a muzzle on justice designed to intimidate anyone pursuing the truth. Ultimately, Section 138 represents a dangerous trade-off.
In an attempt to “decongest” our courts, Nigeria has inadvertently institutionalized a “license to lie.” When the law prioritizes a clean calendar over a clean candidate, democracy itself becomes the ultimate forgery.
As we head towards the 2027 polls, we must ask ourselves: what is the value of a fast verdict, if it’s delivered to a fraudster?
Chief Ibrahim Nasir; A public Affairs Analyst focuses on electoral reforms, democratic governance and blue economy in Nigeria.
