The Chairman of the House of Representatives Committee on Electoral Matters, Mr Adebayo Balogun, has 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.
Officials of the Independent National Electoral Commission (INEC) were also in attendance at the meeting.
Balogun 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.
He said in 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.
Read Also: INEC Calls for Creation of Electoral Offenses Tribunal
Nigerians Call For Review Of Electoral Reforms To Strengthen Democracy
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.
According to him, those directly involved in election disputes understand the weaknesses in the system better than anyone else, making their contributions essential to the amendment process.
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.
Robust discussion on electoral reform
The Executive Director of the Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, commended the National Assembly’s Joint Committee on Electoral Matters for its commitment to electoral reform.
He acknowledged that members of the committee had played a crucial role in the passage of the Electoral Act 2022 and expressed satisfaction that they remained committed to refining the law further.
Nwankwo emphasized the significance of collaboration between the House and Senate committees in ensuring that amendments to the Electoral Act are completed efficiently.
He described the gathering as a rare opportunity to engage some of Nigeria’s most experienced legal minds in election litigation, stating that the expertise in the room was unmatched.
Reaffirming PLAC’s support for the committee’s work, Nwankwo expressed optimism that the lawmakers would take the input from the meeting seriously.
He stressed that the goal of the consultation was to listen to practitioners’ experiences and challenges rather than engage in back-and-forth arguments, ensuring that their recommendations would shape the final amendments to the law.
The President of the Senate, Godswill Akpabio, who declared the event open, emphasized the importance of collaborative efforts in addressing Nigeria’s electoral legal challenges.
Represented by Senator Abdullahi Yahaya, he assured stakeholders that their contributions will be given serious legislative consideration.
Akpabio commended legal practitioners and election litigation experts for their commitment to strengthening the country’s electoral system.
Emmanuel Ukoh
Comments are closed.