The Principle of Exceptions in Law: Application to Nigeria’s Electoral Act, 2026

By Okoi Obono-Obla 

The Principle of Exceptions in Law: Application to Nigeria’s Electoral Act, 2026

Introduction:

The good thing with the law is that it gives with one hand and may take away with the other. In the common law tradition, which we practice in Nigeria, it is a general principle that behind every general provision or principle of law, there is equally an exception that may nullify the general principle.  

Typically, a legislature may grant a certain right in one provision, but the same legislature may also, in another breath, provide an exception that dilutes, mitigates, or reduces the rigours of that provision. 

Section 63 and the Debate:

Recently, a furore was raised by Mr. Michael Igini, former Resident Electoral Commissioner for Akwa Ibom and Cross River States, on Channels Television concerning Section 63 subsections (1) and (2) of the Electoral Act, 2026. He argued that the wide discretion given to a presiding officer to make use of ballot papers without the marking of the Independent National Electoral Commission (INEC) may open the floodgates for fraudulent ballot papers to be smuggled into the process. This, according to him, necessitated some political leaders to raise alarms about possible ballot rigging in the forthcoming general elections. 

I have read Section 63 subsections (1) and (2) of the Electoral Act, 2026, and I vehemently disagree with Mr. Igini’s position, as I have stated in a previous article. Therefore, the interpretation of the provision will not be the focus of this piece. Rather, this piece is primarily concerned with the principle that behind every general rule, there is an exception. 

Section 63 of the Electoral Act, 2026:

(1) Subject to subsection (2), a ballot paper which does not bear the official mark prescribed by the Commission shall not be counted.  

(2) Where the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers furnished to the Presiding Officer of the polling unit in which the vote was cast for use at the election in question, he or she shall, notwithstanding the absence of the official mark, count that ballot paper.  

This provision illustrates the balance between a general rule and its exception.  

Section 73 of the Electoral Act, 2026

However, the exception to Section 63 subsections (1) and (2) has been provided in Section 73 subsection (1) of the Electoral Act, 2026:  

(1) The forms to be used for the conduct of elections under this Act shall be determined by the Commission.  

This safeguard ensures that even where exceptions exist, the Commission retains authority to prescribe the forms and procedures, thereby maintaining electoral integrity.  

Analytical Note:

General Rule (Section 63(1)): Ballot papers without INEC’s official mark are invalid.  

Exception (Section 63(2)): Ballots from official INEC-issued books may be counted even without the mark.  

Safeguard (Section 73(1)): INEC prescribes the forms and procedures, ensuring control over electoral materials.  

Conclusion:

The Electoral Act, 2026 demonstrates the enduring principle of law: behind every general rule lies an exception, and behind every exception lies a safeguard. This layered approach reflects the legislature’s intent to balance flexibility with integrity, ensuring that while discretion exists, it is never without control.