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Forged certificate not a disqualifying factor in new Electoral Act - Jibrin - Politics (2) - Nairaland

Nairaland ForumNairaland GeneralPoliticsForged certificate not a disqualifying factor in new Electoral Act - Jibrin (9164 Views)

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Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by UzorIyke(m): 9:01am On Mar 04
Whats the work of supreme Court, one of their job is to stop some of the bills considered as anti-human, or anti-democracy passed through the National Assembly, and declared them invalid, without even receiving petition from people, or group of team.
They just sit down and relax.
God give me money make I leave this country and never to come back again.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by seunmsg(m): 9:01am On Mar 04
fergie001:
The CFRN is the Supreme document of the country but these forgers are looking for ways to punish counsels who raise same issues.

It is time to try same in Court now and not complain later.
Realistically, can the election tribunal try forgery cases? Forgery is a criminal case and has to be proved beyond reasonable doubt. Election petition should address irregularities observed from the conduct of the election and nothing else. If a candidate forged his certificates, he should be tried in a pre or post election case. To make matters better, the certificates of all candidates are published by INEC months before the election. Even after the election, there is about 3-4 months for anybody to still file a forgery case. So, what’s all these noise about again?

Anyway, if you guys think this law is against the constitution you can approach the high court to strike down that particular section.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by FreeStuffsNG: 9:03am On Mar 04
Akwamkpuruamu:
So forgery of certificate doesn't worth being a crime in the electoral law .... Nice one

Will APC be in power forever? Your guess is as good as mine
If you like go and commit forgery and think you will be doing electoral case from prison.

Smh.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by sirchim(m): 9:06am On Mar 04
There's nothing surprising to me, about this useless and God forbid govt. I have never believed in them, and they keep proving me RIGHT.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by Racoon(m): 9:09am On Mar 04
Section 117 of the Criminal Code Act says a person commits perjury if they: Lawfully take an oath (or affirmation), and knowingly give false testimony on a material matter, or make a statement they do not believe to be true
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by OlujobaSamuel: 9:10am On Mar 04
Has a case of forgery been included in the electoral act before??
I thought all forgery and similar cases not part of the conduct of the election are pre election cases, and handled by a separate court different from electoral tribunal
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by 300wayne: 9:18am On Mar 04
I would like to see your response to Fergie's comment your post ...

FreeStuffsNG:
If you like go and commit forgery and think you will be doing electoral case from prison.

Smh.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by jasontrigga(m): 9:26am On Mar 04
Constantly lowering the standard

It’s a sad situation
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by IJEYdiamond(f): 9:31am On Mar 04
tony0806:
By the time APC finishes with Nigeria, we'll all understand the difference between 6 and half-a-dozen
God no go let them ooooo!


Spirits working... wrong is now right!!.....
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by TechToyin(m): 9:43am On Mar 04
fergie001:
The CFRN is the Supreme document of the country but these forgers are looking for ways to punish counsels who raise same issues.

It is time to try same in Court now and not complain later.

Who is deceiving who?
So when you win elections, you don't know immunity as a Governor or Deputy Governor, President or Vice President debars criminal prosecution? Does criminal codes work for someone who has immunity? Can you even go to Court to challenge a Governor who forged certificates?
Only the tribunal gives you that avenue because it is a special court.
You are more intelligent than this, stop it.

Nobody can file a forgery case.
The Electoral Act 2022 passed by the Gbajabiamila house insists that only those who contest in the Primary can sue for certificate forgery..... Meaning if I forge my certificate without you participating in the same Primary with me, you can't sue. Nobody else can.
The only other avenue to sue is the election tribunal.
What this means now is that once I run alone in the Primary with forged certificate, nobody in the world can sue.

You can't even go to a Court because Section 308 empirically says those with immunity cannot be prosecuted under any law, (even if it were murder).
What about In PDP & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 Ors (2020), the Supreme Court disqualified and nullified the election of both the gubernatorial candidate (David Lyon) and his deputy (Biobarakuma Degi-Eremienyo) on the ground that the deputy did not qualify for the election. This case established that forged credentials can invalidate an entire ticket, not just the individual candidate.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by TheRedpillguy: 9:54am On Mar 04
Forging certification without presenting it to the INEC alone is no small crime you are saying Forgers and Scammers can run for election?
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by shortgun(m): 10:09am On Mar 04
FreeStuffsNG:
If you forge certificate, you will be prosecuted under the broad and more stringent criminal code , not liberal and civil electoral laws.


Do not let anyone decieve you. It is like expecting that all the crimes in Nigeria should be included in the electoral law.
The way you guys reason ehh
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by benardtotti(m): 11:43am On Mar 04
fergie001:
Jibrin Okutepa
Senior Advocate of Nigeria
I was just laughing when opposition were busy focusing on electronic transmission of results, when I knew there were other landmines embedded in the electoral act .

The most useless opposition ever , honestly none of them deserve to be elected into any office , if simple things such as scrutiny on major bills cant be done .
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by fergie001(mod): 11:45am On Mar 04
benardtotti:
I was just laughing when opposition were busy focusing on electronic transmission of results, when I knew there were other landmines embedded in the electoral act .

The most uselessest opposition ever , honestly none of them deserve to be elected into any office , if simple things such as scrutiny on major bills cant be done .
I made it better
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by benardtotti(m): 11:48am On Mar 04
fergie001:
I made it better
My brother it's shameful!, this can never happen if apc was the opposition.

What exactly do all the plenty opposition parties actually do ?

Nigerians need to start asking questions.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by fergie001(mod): 12:29pm On Mar 04
benardtotti:
My brother it's shameful!, this can never happen if apc was the opposition.

What exactly do all the plenty opposition parties actually do ?

Nigerians need to start asking questions.
Issuing press releases and speaking grammar.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by OlujobaSamuel: 1:10pm On Mar 04
fergie001:
The CFRN is the Supreme document of the country but these forgers are looking for ways to punish counsels who raise same issues.

It is time to try same in Court now and not complain later.

Who is deceiving who?
So when you win elections, you don't know immunity as a Governor or Deputy Governor, President or Vice President debars criminal prosecution? Does criminal codes work for someone who has immunity? Can you even go to Court to challenge a Governor who forged certificates?
Only the tribunal gives you that avenue because it is a special court.
You are more intelligent than this, stop it.

Nobody can file a forgery case.
The Electoral Act 2022 passed by the Gbajabiamila house insists that only those who contest in the Primary can sue for certificate forgery..... Meaning if I forge my certificate without you participating in the same Primary with me, you can't sue. Nobody else can.
The only other avenue to sue is the election tribunal.
What this means now is that once I run alone in the Primary with forged certificate, nobody in the world can sue.

You can't even go to a Court because Section 308 empirically says those with immunity cannot be prosecuted under any law, (even if it were murder).

Again, you are very wrong.
No law is greater than the Constitution but where a section in the Constitution or Act is unambiguous, it should be given its literal and ordinary meaning.

Firstly, this is the Electoral Act 2022:.
Grounds of petition.
134.(1) An election may be questioned on any of the following grounds—
(a) a person whose election is questioned was, at the time of the election, not qualified to contest the election;

(b) the election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act; or

(c) the respondent was not duly elected by majority of lawful votes cast at the election.

(2) An act or omission which .....
(3) With respect to subsection (1) (a), a person is deemed to be qualified for an elective office and his election shall not be questioned on grounds of qualification if, with respect to the particular election in question, he meets the applicable requirements of sections 65, 106, 131 or 177 of the Constitution and he is not, as may be applicable, in breach of sections 66, 107, 137 or 182 of the Constitution.

It is number 3 that gives tribunal the latitude to look at the Constitution because Sections 66, 107, 137 & 182 makes forgery a disqualifying factor.
What they simply did was remove Number 3, so for the tribunal to look at your petition, it must follow constructively the grounds.

134a underlined was also removed....qualification criteria....

This was very deliberate.
Let's hope Okutepa SAN is lying

Again, the tribunal has sacked someone on certificate forgery and indeed the Supreme Court validated and ordered his arrest & prosecution.

Go and read: Hassan Anthony Saleh Vs Christian Adabah Abah.


That was the 2010 Electoral Act.
Anybody can sue for certificate forgery either in State or Federal High Courts.
The 2022 EA repealed all that....only Federal High Court and only those who participate in the Party Primary.

Forgery is a disqualifying factor and has always been in our Electoral Acts 2002, 2006, 2010, 2022, except this. Section 134!

It is under that section 134(3) that tribunals derive their powers to try forgery cases per as a disqualifying factor. It was under this section that the Buhari certificate issue came up, it was under this section that the Tinubu Chicago issue came up....the age issue of Ben Ayade also came up under this Section.
Never knew about that, I thought it was brought up under the criminal code or so.
But all cases against forgery has been outside the tribunal.
Seems the tribunal is scared to disqualify people on issues outside election
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by OlujobaSamuel: 1:13pm On Mar 04
fergie001:
Issuing press releases and speaking grammar.
You are right, so many things the APC is getting away with just because the opposition is docile.
I remember when the house passed a law that court can't determine winner of election during GEJ's tenure, APC/ACN went to court to contest that section, and the court voided the section of the law.
I honestly do not know what the current opposition s doing
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by peleson1: 3:25pm On Mar 04
fergie001:
The CFRN is the Supreme document of the country but these forgers are looking for ways to punish counsels who raise same issues.

It is time to try same in Court now and not complain later.

Who is deceiving who?
So when you win elections, you don't know immunity as a Governor or Deputy Governor, President or Vice President debars criminal prosecution? Does criminal codes work for someone who has immunity? Can you even go to Court to challenge a Governor who forged certificates?
Only the tribunal gives you that avenue because it is a special court.
You are more intelligent than this, stop it.

Nobody can file a forgery case.
The Electoral Act 2022 passed by the Gbajabiamila house insists that only those who contest in the Primary can sue for certificate forgery..... Meaning if I forge my certificate without you participating in the same Primary with me, you can't sue. Nobody else can.
The only other avenue to sue is the election tribunal.
What this means now is that once I run alone in the Primary with forged certificate, nobody in the world can sue.

You can't even go to a Court because Section 308 empirically says those with immunity cannot be prosecuted under any law, (even if it were murder).

Again, you are very wrong.
No law is greater than the Constitution but where a section in the Constitution or Act is unambiguous, it should be given its literal and ordinary meaning.

Firstly, this is the Electoral Act 2022:.
Grounds of petition.
134.(1) An election may be questioned on any of the following grounds—
(a) a person whose election is questioned was, at the time of the election, not qualified to contest the election;

(b) the election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act; or

(c) the respondent was not duly elected by majority of lawful votes cast at the election.

(2) An act or omission which .....
(3) With respect to subsection (1) (a), a person is deemed to be qualified for an elective office and his election shall not be questioned on grounds of qualification if, with respect to the particular election in question, he meets the applicable requirements of sections 65, 106, 131 or 177 of the Constitution and he is not, as may be applicable, in breach of sections 66, 107, 137 or 182 of the Constitution.

It is number 3 that gives tribunal the latitude to look at the Constitution because Sections 66, 107, 137 & 182 makes forgery a disqualifying factor.
What they simply did was remove Number 3, so for the tribunal to look at your petition, it must follow constructively the grounds.

134a underlined was also removed....qualification criteria....

This was very deliberate.
Let's hope Okutepa SAN is lying

Again, the tribunal has sacked someone on certificate forgery and indeed the Supreme Court validated and ordered his arrest & prosecution.

Go and read: Hassan Anthony Saleh Vs Christian Adabah Abah.


That was the 2010 Electoral Act.
Anybody can sue for certificate forgery either in State or Federal High Courts.
The 2022 EA repealed all that....only Federal High Court and only those who participate in the Party Primary.

Forgery is a disqualifying factor and has always been in our Electoral Acts 2002, 2006, 2010, 2022, except this. Section 134!

It is under that section 134(3) that tribunals derive their powers to try forgery cases per as a disqualifying factor. It was under this section that the Buhari certificate issue came up, it was under this section that the Tinubu Chicago issue came up....the age issue of Ben Ayade also came up under this Section.
What Gano feared the most is actually upon us.
This government is just so crooked

Criminals in power .

I'm so ashamed
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by fergie001(mod): 3:46pm On Mar 04
OlujobaSamuel:
Never knew about that, I thought it was brought up under the criminal code or so.
But all cases against forgery has been outside the tribunal.
Seems the tribunal is scared to disqualify people on issues outside election
They have always been brought up under Section 134.
Hassan Saleh Vs Christian Abah
The tribunal sacked Abah for forgery.
He was a sitting House of Reps member.

He forged a 1985 OND certificate from FedPoly Mubi. The Supreme Court affirmed and recommended his arrest.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by dettolgel: 4:20pm On Mar 04
AndroBlaze:
Then he should have been crystal clear about it instead of making it sound like forgery is now allowed.

You have a point about swearing in, but I've never trusted election tribunals in the first case and the easier and faster they make the process (the speed with which it goes to proper courts) the better for all of us.
I think that is the spirit, the process should be straight forward but trust our politicians to capitalize on this opportunity and frustrate the whole process.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by Saveandideal: 4:50pm On Mar 04
Questionable characteristics of the electoral law!

Strategist.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by Mrexcell(m): 5:14pm On Mar 04
tony0806:
By the time APC finishes with Nigeria, we'll all understand the difference between 6 and half-a-dozen
Very pathetic they have now made it official to forge certificates to contest for any elective post in nigeria.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by Abee79(m): 5:27pm On Mar 04
As a Nigerian who loves Nigeria deeply and believes in its bright future, this news troubles my heart. It is hard to accept that our National Assembly would remove the issue of forged certificates from the grounds for election petitions, because our Constitution is very clear that presenting a fake certificate disqualifies someone from leading us.

This law feels like a step backwards for our moral values and for the progress we fight for. If we allow people who have cheated with forged documents to hold office simply by removing this as a legal challenge, we are building our nation on a weak and dishonest foundation.

For the sake of our unity and the peace we cherish, I pray the National Assembly reconsiders this urgently and ensures that only people of true integrity and honest qualifications are allowed to serve our beloved nation.

It is well with Nigeria.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by DatNiggaDaz: 5:29pm On Mar 04
grin grin

Nigerians should do everything necessary to kick the fake certificate holder out of that grabbed mandate.

There will be a very huge protest before the coming elections
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by onuman: 6:44pm On Mar 04
Bethel4Life:
Nigeria has gone to the dogs
Boko Haram. Western Education is forbidden. That's what APC supports. So, no surprises at anyone forging Education certificate.
By the way, it's now a one party system in Nigeria. Nobody can successifully question any Act from the APC dominated National Assembly.
Re: Forged certificate not a disqualifying factor in new Electoral Act - Jibrin by 9japride(m): 9:13pm On Mar 04
Akwamkpuruamu:
If forged certificates means nothing, to contest for electoral positions, then no HR should disqualify anyone from a job vacancy for not having a certificate or for presenting a forged one in this country.

Let's enthrone forgery
[color=#006600][/color]

Also no need for result verification when applying for government jobs.
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