Electoral processes are the cornerstone of any democratic society, ensuring the voices of the people are heard and represented. In Nigeria, like in many other democracies, the effectiveness and fairness of electoral systems have been subject to scrutiny. Electoral reforms are a recurring topic of discussion, especially concerning the handling of electoral litigations (justice).
As Nigerians await electoral reforms, eyes are on electoral litigations. Electoral litigations have brought many changes: positive and negative. The off-cycle governorship elections in six out of the 36 states of the federation are creations of electoral litigations.
Now that another round of reforms is gathering momentum with likely amendments to both the Electoral Act and the constitution, it becomes imperative for Nigerians to highlight areas for such improvements so that Nigeria can have a workable arrangement that would ensure that justice is given within a reasonable time-limit.
One of the primary expectations from electoral reforms is a more transparent and accountable electoral process. This includes transparency in the conduct of elections and the handling of litigations that may arise. Nigerians expect electoral bodies to uphold the highest standards of integrity and fairness, and provide clear procedures and documentation throughout the electoral process and any subsequent legal proceedings.
In the Independent National Electoral Commission (INEC) Final Report on the 2023 General Election, the Commission disclosed that in consultation with the judiciary and the Development Alternatives Inc., an EU-Support for Democratic Governance in Nigeria (SDGN) Project Implementing Partner, organised three key training workshops for key stakeholders in the judiciary: justice and judges of the Federal High Court and Courts of Appeal and political parties during which over 500 judicial officers were trained.
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Another area where there should be electoral reform is the issue of timely Resolution of Disputes: Electoral litigations in Nigeria have often been marred by delays, leading to prolonged legal battles and undermining public confidence in the electoral system.
Presently, a petitioner, challenging the outcome of an election has 21 days from the date of the declaration of the election results by the Independent National Electoral Commission (INEC) to file an election petition. This timeline applies to various types of elections, including presidential, governorship, National Assembly, and State House of Assembly elections. The time limit for starting and finishing the presentation of an election petition is also limited to 180 days, irrespective of whether it is a presidential election, governorship, national assembly, or house of assembly election. Appeals also take 60 days.
According to Prof Awa Kalu Senior Advocate of Nigeria (SAN) who is a renowned academic and respected member of the inner bar, the days allotted for the governorship and presidential elections were grossly inadequate.
The late Justice Pat Acholonu of the Supreme Court said in the Buhari and Obasanjo case which was decided in February 2005 that: “the very big obstacle which anybody who seeks to have the election of somebody that wins presidential election faces is the very large witnesses he must call due to the size of different constituencies. In a country like our own, he will need to call about 250,000 to 300,000 witnesses. By the time the court would have heard from all of them with the way our law is couched, the incumbent would have long finished and left office. And even if the petitioner eventually wins, it will be an empty victory bereft of no substance”.
The Electoral Act 2022 places a timeline on when petitions must terminate. So, a petitioner may only be able to call a miserable fraction of his or her witnesses.
Nigerians expect reforms that will prioritize the timely resolution of disputes, and ensure that justice is swift and accessible to all parties involved. This may involve streamlining legal procedures, establishing specialized electoral courts, or implementing alternative dispute resolution mechanisms.
Independence of the Judiciary
A fundamental expectation is the deepening of the independence of the judiciary in adjudicating electoral disputes. Nigerians look to reforms that safeguard the judiciary from political interference, ensuring judges can impartially interpret and apply the law without external influence. Strengthening the independence of the judiciary is crucial for upholding the rule of law and fostering public trust in the electoral process.
Deterrence of Electoral Malpractices Electoral reforms should include measures to deter electoral malpractices and misconduct. This may involve enhancing the legal framework to sanction individuals or parties found guilty of electoral offenses, including vote rigging, bribery, or intimidation. By enforcing strict penalties for electoral misconduct, reforms can help safeguard the integrity of elections and deter future violations.
INEC in its 2023 Final Report on the 2023 General Election said a compendium of legal offences and penalties in the electoral and political process was presented to Judicial (justice) and party officials. The compendium, according to the electoral body, helped a lot in bringing legal offenses and penalties together for the first time in a single volume.
Accessibility and Inclusivity
Electoral processes should be accessible to all eligible citizens, regardless of socio-economic status, ethnicity, or geographical location. Reforms should focus on enhancing voter education and awareness, improving voter registration processes, and ensuring polling stations are easily accessible to all voters, including those in remote areas. Inclusivity in the electoral process strengthens democracy by ensuring that all voices are heard and represented.
The European Union Election Observation Mission (EU EOM) in its final report on the 2023 general elections said: “The election exposed enduring systemic weaknesses and therefore signaled a need for further legal and operational reforms to enhance transparency, inclusiveness, and accountability.”
The Chief Observer, EU EOM, Barry Andrews said: “We are particularly concerned about the need for reform in six areas which we have identified as priority recommendations and we believe, if implemented, could contribute to improvements for the conduct of elections.”
The six priority recommendations point to the need to; remove ambiguities in the law; establish a publicly accountable selection process for INEC members; ensure real-time publication of and access to election results; provide greater protection for media practitioners; address discrimination against women in political life, and; impunity regarding electoral offences.
The Chief Observer advised: “Importantly, there is a need for political will to achieve improved democratic practices in Nigeria. Inclusive dialogue between all stakeholders on electoral reform remains crucial. The European Union stands ready to support Nigerian stakeholders in the implementation of these recommendations.”
Civic Engagement and Participation Electoral reforms should promote civic engagement and participation, empowering citizens to actively engage in the democratic process beyond voting. This may involve initiatives to encourage voter turnout, support for civil society organizations advocating for electoral reforms, and platforms for citizen feedback and involvement in electoral decision-making. By fostering a culture of active citizenship, reforms can strengthen democracy and ensure the legitimacy of electoral outcomes.
As Nigeria continues its democratic journey, electoral reforms remain a vital component of strengthening the electoral system and upholding the principles of democracy. Addressing the expectations of electoral litigations requires a comprehensive approach that prioritizes transparency, accountability, timeliness, independence, deterrence, accessibility, inclusivity, and civic engagement. By meeting these expectations, electoral reforms can contribute to building a more resilient and inclusive democracy in Nigeria, where the voices and choices of the people are respected and upheld.
By Nigerian Democratic Report
