That headline going viral is a simplified version of a real and controversial change in the Electoral Act 2026, but the claim “no longer a crime” is not accurate.
Here is what actually happened:
The law was narrowed, not decriminalized
Section 138 of the new Electoral Act 2026, which President Bola Tinubu signed after passage by the National Assembly, now lists only two grounds to challenge an election in a tribunal:
(a) invalid by reason of corrupt practices or non-compliance with this Act; or
(b) respondent was not duly elected by majority of lawful votes
Under the old practice, certificate forgery / age falsification / qualification issues were routinely litigated as part of election petitions. The new Act omits that.
INEC itself confirmed the change — according to Adedayo Oketola, chief press secretary to the INEC chairman, certificate forgery is no longer among the grounds under Section 138.
Instead, such allegations are now treated as pre-election matters, meaning they must be filed before the election, not after to nullify results.
Why there is outrage
Senior Advocate Jibrin Okutepa warned that the National Assembly has “effectively outlawed presentation of forged certificates as part of the grounds for the presentation of election petitions”
Former Anambra Governor Peter Obi criticized lawmakers, saying they removed certificate forgery, age falsification, and false declarations as grounds for challenging an election in a tribunal, while proposing fines for dual party membership.
Opposition parties (ADC, LP, NNPP, SDP) have also kicked against the exclusion, saying it marks a significant shift that reduces prolonged disputes but could affect governance and public confidence.
The core legal worry: The 1999 Constitution still disqualifies candidates who present forged certificates under Sections 137(1)(j), 182(1)(j) etc. Lawyers are arguing whether Section 138 conflicts with those constitutional provisions.
. What the headline gets wrong
Forgery is still a criminal offence under the Penal Code / Criminal Code in Nigeria. You can still be prosecuted for it in a regular criminal court
What changed is the electoral remedy: you can no longer use it as a post-election tribunal ground to nullify a won election.
You have to challenge it before the election as a pre-election case, and according to some lawyers, only members of the same party may have locus to file it.
So critics fear candidates with questionable credentials could win and stay in office if not challenged early enough, weakening deterrence.
Supporters of the amendment say it aims to reduce prolonged post-election litigation and make tribunals faster.
– Benjamin Ibrahim writes from Lokoja, Kogi state.
+2348069596250
