- Ozekhome, NASS, others throw their support on the judicial, electoral reforms in Nigeria
- They blame inconsistency in delivering electoral judgment on the lack of clear cut electoral system
- Enugu-based lawyer Barr. Odo says reforms are urgently needed before the 2027 general elections in Nigeria
More than two years to the 2027 general elections, there has been calls from many quarters for the need to reform judicial and electoral system of the country.
According to some schools of thought, the need for the reforms stems from the fact that our judicial and electoral systems have been riddled with a lot of flaws.
However, with such allegations of inefficiency and managerial flaws, the House of Representatives set up a committee to look into the matter with a view to finding a lasting solution.
In any case on Tuesday the Chairman of the House of Representatives Committee on Electoral Matters, Mr Adebayo Balogun, stressed the need for urgent reforms in Nigeria’s electoral legal framework, citing gaps and inconsistencies detected during the 2023 general elections.
Mr Balogun stated this during a consultative meeting with election petition lawyers organized by the National Assembly Joint Committee on Electoral Matters in partnership with the Policy and Legal Advocacy Centre (PLAC) and supported by the UK Foreign, Commonwealth and Development Office (FCDO) on Thursday.
The law maker underscored the importance of collaboration between lawmakers, legal practitioners, and other stakeholders in ensuring a more transparent and effective electoral process.
Balogun noted that while the Electoral Act 2022 introduced critical reforms—such as the Bimodal Voter Accreditation System (BVAS), the INEC Result Viewing (IREV) Portal, early funding for INEC, and stricter electoral timelines—the 2023 elections exposed significant loopholes that require urgent legislative attention.
According to him, the continuous search for a globally acceptable Electoral Act that will stem electoral malpractices and improve confidence in the electoral process, they must engage with all critical stakeholders involved with electoral Matters, before, during and after elections.
He emphasized that the process of amending the electoral law must be inclusive, engaging all key stakeholders before, during, and after elections.
He stressed the crucial role of election litigation lawyers in interpreting and testing the law, stating that their courtroom experiences provide invaluable insights into areas that need strengthening, clarification, or amendment.
He further stress that those directly involved in election disputes understand the weaknesses in the system better than anyone else, making their contributions essential to the amendment process.
X-raying judicial inconsistency
One of the most pressing concerns he raised at the meeting was the issue of judicial inconsistencies in election-related cases.
Balogun identified other key areas requiring legislative review, to include the need to streamline election dispute resolution timelines to ensure that pre-election cases are resolved before general elections and also that post-election disputes are concluded before the swearing-in of elected officials.
He also emphasized the need to address conflicting judicial interpretations of electoral laws to establish clarity and predictability in electoral adjudication.
He further called for a review of penalties for electoral offences, arguing that stronger sanctions are necessary to deter malpractices and ensure credible elections.
Without stringent deterrents, he warned, Nigeria would continue to witness electoral fraud and misconduct, undermining the legitimacy of the democratic process.
Balogun assured attendees that the insights shared at the meeting would be instrumental in shaping amendments to the Electoral Act.
He reiterated that the goal of the legislative review was to create a more robust, fair, and transparent electoral system that truly reflects the will of the Nigerian people.
Amending Nigeria electoral law
The Chairman of the Senate Committee on Electoral Matters, Senator Sharafadeen Abiodun Alli, emphasized the urgent need to amend Nigeria’s electoral laws to address persistent legal challenges and restore public confidence in the electoral process.
He underscored the crucial role of legal practitioners in shaping a more effective electoral legal framework.
Alli acknowledged that election litigation lawyers, with their vast courtroom experience, are vital stakeholders in electoral reforms.
He noted that their expertise provides a unique perspective on the weaknesses of existing electoral laws, making them indispensable in crafting amendments that will reduce electoral disputes and unnecessary technicalities in the legal process.
Efficient election dispute mechanism
The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, also lamented the challenges of Nigeria’s electoral legal framework, particularly the role of the judiciary in electoral disputes.
Osigwe noted that though the Electoral Act 2022 was initially hailed as one of the most progressive pieces of electoral legislation, subsequent judicial interpretations had significantly distorted its intended impact.
He expressed concern over the contradictory and inconsistent judicial decisions that had emerged from recent election petitions.
He cited specific instances where the courts had imposed requirements that appeared to contradict the fundamental principles of the law, such as demanding that subpoenaed witnesses provide statements ahead of time.
Osigwe also criticized the interpretation of Section 137 of the Electoral Act, which, in his view, had undermined the legislature’s intention by shifting the burden of proof in ways that disadvantaged petitioners.
He further raised concerns about the requirement for BVAS machines to be brought to court as evidence of voter accreditation, arguing that such procedural obstacles hindered rather than facilitated justice.
Beyond the inconsistencies in judicial interpretation, Osigwe highlighted the overwhelming number of election-related cases that burden Nigerian courts.
He questioned whether Nigeria’s legal system should continue prioritizing election disputes over other critical legal matters, such as commercial litigation, fundamental human rights enforcement, and criminal prosecutions.
He warned that a judicial system overly focused on resolving election cases would discourage investment and economic growth, as businesses would perceive Nigeria’s legal environment as unstable.
He pointed to a growing trend where Nigerian banks and companies, wary of the inefficiencies in the country’s judicial system, were designating foreign jurisdictions for dispute resolution.
This, he noted, was contributing to capital flight and eroding confidence in Nigeria’s legal system.
Osigwe emphasized the need for a more efficient electoral dispute resolution mechanism, one that minimizes prolonged litigation and ensures that the electoral process is not held hostage by endless legal battles.
He called for greater involvement of the judiciary in discussions surrounding electoral law reforms.
He noted that judges play a pivotal role in shaping how electoral laws are applied and interpreted, making their engagement in the reform process essential.
He said without their involvement the nation would continue to struggle with inconsistencies and uncertainties in its electoral jurisprudence.
Prof. Mike Ozekhome speaks on the matter
WITHIN NIGERIA gathered that few days ago, a constitutional lawyer and human rights advocate, Professor Mike Ozekhome, SAN, has emphasized that the Judiciary’s function in resolving electoral disputes is to safeguard the integrity, fairness, and legality of electoral processes by interpreting and applying electoral laws to address conflicts that arise during or after elections.
Prof. Ozekhome stated this during the 9th Convocation Ceremony Lecture of Gregory University Uturu, where he delivered a lecture titled “The Judiciary as the Final Arbiter of Electoral Outcomes: Aberrations and Judgements Without Justice.”
He further explained that this crucial function not only upholds the rule of law but also reinforces public confidence in the democratic process, offering a sense of order and justice when tensions are high.
Prof. Ozekhome pointed out that the exploitation of procedural rules has placed an additional burden on the judicial system.
In this regard, he argued, “The quality of testimony tendered by witnesses is more important than the number of witnesses in an election matter, as a large number of witnesses may not necessarily guarantee victory for a party in election matters.”
He therefore called for further amendments to the 1999 Constitution of the Federal Republic of Nigeria and the 2022 Electoral Act to ensure that election petitions are concluded before the inauguration of elected officials, as was done during the 1979 elections in the Second Republic.
“In other words, no winner of an election petition should be sworn in until the disposal of a petition challenging his or her election,” Ozekhome said.
Barr. Onuorah Odo speaks
In any case, Enugu-based rights Rights lawyer,Onuorah Odo told WITHIN NIGERIA that this is the right to carryout the reform before the 2027 general elections.
Barr. Odo gave this assertion while fielding questions from journalists in his Lagos office over the weekend.
Onuora Odo made a strong case for reforms in both sectors, stressing that time is now ripe for the reforms.
“Let me start by saying that the calls and agitations for judicial and electoral reforms in Nigeria have graduated to a point that is unprecedented in the history of Nigeria.
“Regrettably, the calls and cries have fallen on deaf ears. As it stands, the need for reforms in those critical areas can not be over-emphazised. It’s needless to argue further the urgency and exigency of reforms in both sectors.”
Stressing further, he said that “It’s against this backdrop that lend my voice to the already vociferous public outcry for comprehensive judicial and electoral reforms.The need has become increasingly urgent, granted the changing dynamics of Nigeria’s political landscape.
“Nigerians are becoming more active and conscious in the political process. The proliferation of technology is transforming the way politics is played with social media platforms becoming critical channels for political mobilization and engagement.
“Let me also point out, without equivocation that it’s going to be an exercise in futility to go for another general elections in Nigeria without subjecting both sectors to clinical surgery.
The judiciary plays a critical role in ensuring the integrity of Nigeria’s democratic process. However, the current state of the judiciary is nothing to write home about. In fact, it’s safe to conclude that the judiciary is not only smelling, it’s stinking.
“I want to quickly posit that under-listed areas should be looked into in the judicial sector: independence of the judiciary, slow pace and delays in judicial proceedings, corruption in the secor and what have you.
“It’s believed that political gladiators who are better placed in terms of financial muscles influence judgements in their favour. The judiciary is often perceived as being susceptible to political interference. The integrity of the judiciary is almost always compromised thereby undermining its ability to deliver impartial justice. Another major problem bedeviling the judicial sector is that the proceedings and
processes are often slow and cumbersome, leading to delays and frustrations for litigants.”
On the alleged corruption in the system, he stated that “Again, corruption in the system can not be ruled out. Corruption remains a significant challenge within the judiciary. This significantly and inexorably undermines public trust and confidence in the institution.
“With respect to the electoral reforms, Nigeria’s electoral process has continued to remain in a jam. The system is neck deep steeped in corruption to the extent that it’s yearning for a serious overhaul.
Barr. Odo, a youth crusader stated that “I want to propose that a committee be established to oversee the reform of the judiciary in order to ensure that workable action plans are are implemented.
And more importantly, the Electoral Act should be amended to address ambiguities and loopholes that can be exploited to manipulate the electoral process. Measures should be implemented to promote transparency and accountability in the electoral process including the use of technology to enhance the integrity of the process.
“Nigeria’s evolving political landscape demands urgent judicial and electoral reforms. By prioritizing these reforms, Nigeria can ensure that its democratic process is strengthened prior to the 2027 general elections and that the rule of law is given its rightful place. The time for action is now and there is no better time than now. Nigeria’s future depends on it and our future lies in our own hands.”
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