N135bn election litigation budget: Is FG preparing for war?

…Observers foresee widespread post-election conflicts

The Federal Government’s decision to earmark about N135.22 billion for election-related litigation ahead of the 2027 general election has opened a new layer of concern in Nigeria’s already tense political climate.

The provision, captured in the 2026 budget under “Electoral Adjudication and Post-Election Provision,” is designed to fund legal disputes arising from the polls.

This is coming despite a huge increase in allocation to the Independent National Electoral Commission (INEC) for the conduct of the 2027 polls, as captured in the 2026 and 2027 budgets. INEC proposed a staggering N873.78 billion budget for the conduct of the 2027 general election, highlighting the rising cost of Nigeria’s electoral process.

Speaking to a joint session of the Committee of the National Assembly on Electoral Matters in Abuja, Joash Amupitan, INEC Chairman, said the money was needed to conduct hitch-free polls, adding that preparations for the 2027 elections had already commenced.

Findings show that the allocation forms part of the Consolidated Revenue Fund (CRF) charges, which total N3.70 trillion in the proposed budget.

The provision, listed as “Electoral Adjudication and Post-Election Provision,” is captured under Service-Wide Votes in the 2026 Appropriation Bill, indicating that it is a centrally managed expense meant to address obligations that cut across multiple agencies.

However, many Nigerians are shocked by the size of the allocation for election disputes.

In the last few days, the issue has triggered serious questions: is the government anticipating an avalanche of election disputes or signalling a deeper crisis of electoral credibility?

Experts say the situation reflects deeper structural issues within Nigeria’s electoral system, including a persistent expectation of widespread disputes after elections.

Timi Olamide, a political strategist, argues that it is shocking that rather than working to strengthen the electoral framework to drastically reduce post-election cases and controversies that often characterise elections in the country, the Bola Tinubu administration is appropriating a huge sum for electoral petitions.

He said the situation was a clear sign that the current administration has other plans ahead of the general election, stressing that the money is excessive.

“The money is too much, at a period that we are crying for electronic transmission to reduce these problems, the same people are budgeting such an amount for election disputes,” Olamide told BusinessDay.

“I know election disputes are normal, but we had the chance to reduce them. You can imagine what such money would do if channelled into things that would improve the lives of Nigerians—education, healthcare, among others.”

Figure raises concerns

Available data from previous election cycles further highlights the disparity. In 2023, litigation and legal defence costs were estimated at about ₦3.08bn, with an additional ₦2.1bn recorded in 2022 as part of pre-election legal preparations.

These figures were internal INEC legal expenses rather than a separate national provision. For the 2019 general election, there is no clear public record of a distinct litigation budget line, as such costs were largely embedded within INEC’s general operational and legal expenditures.

Critics warn that such large financial provisions for post-election disputes signal a lack of confidence in the electoral system and could erode public trust.

At over N135bn, the litigation budget stands out not just for its size but for its novelty.

Analysts note that such a stand alone provision for election disputes did not feature prominently in previous election cycles, making the 2027 projection appear unusually high. Even more striking is the contrast with expert estimates.

A senior lawyer who spoke on condition of anonymity argued that, based on past experience, election litigation costs should not approach N20bn under normal conditions, despite thousands of cases.

In 2023, Nigeria witnessed a wave of legal challenges—from presidential petitions to governorship and legislative disputes—but there is no public record suggesting expenditure anywhere near N135bn on litigation alone.

Instead, the focus was on INEC’s general election budget, which stood at about N313.4bn for the entire exercise, including logistics, personnel, and technology.

Jonathan Iyieke, a lawyer, in an interview with BusinessDay, voiced strong reservations, describing the budget as “wasteful, extravagant and unwarranted,” arguing that it raises serious concerns about the country’s electoral priorities.

Read also: INEC seeks 215% budget increase in 2025 for personnel cost, off-cycle elections

According to him, the provision suggests an expectation of a surge in post-election disputes, a development he said reflects poorly on Nigeria’s democratic process.

Iyieke questioned whether public funds should be used to finance election litigation at all, insisting that political parties and candidates who participate in elections ought to bear the cost of any legal battles arising from them.

“Why should Nigerian taxpayers shoulder the burden of disputes generated by political actors?” he asked.

Citing provisions of the 1999 Constitution, he noted that INEC already receives statutory funding from the Consolidated Revenue Fund, making additional large allocations for litigation appear excessive.

He further referenced constitutional provisions mandating accountability in political financing, including the regulation of foreign contributions.

The legal practitioner also raised concerns about transparency and equity, asking whether opposition parties would benefit from the litigation fund or if it would primarily serve incumbents.

He expressed doubts over how the funds would be utilised, particularly in relation to judicial officers who are already salaried public servants.

Iyieke likened the scale of the allocation to preparations for a “post-election war,” urging authorities to prioritise reforms that would minimise disputes rather than budgeting heavily for them.

Similarly, another lawyer, Ajibola Oduwole also faulted the N135.22 billion allocation for election litigation in the 2026 Appropriation Bill, describing the sharp jump from about N3 billion in previous cycles as troubling.

Oduwole said that while the government may view the figure as prudent planning for the wave of legal disputes that usually follow elections, it raises deeper concerns about Nigeria’s electoral system.

According to him, the 44-fold increase suggests an expectation of widespread post-election conflicts.

He argued that although election litigation was inevitable, such a massive budget without corresponding investment in reforms like transparent results transmission, improved BVAS performance, and amendments to the Electoral Act points to misplaced priorities.

“This looks like managing a crisis instead of preventing it,” he said, warning that the allocation could be interpreted as an admission that the system is not being fixed ahead of 2027.

Oduwole stressed that greater focus should be placed on strengthening the credibility of the electoral process to reduce disputes, rather than budgeting heavily for legal battles after the fact.

What explains the spike?

Several explanations are being advanced by those close to government for such budget. First is the expansion of electoral disputes. The 2023 elections generated thousands of pre-election and post-election cases—reportedly fewer than 3,500 involving INEC directly—but still significant enough to stretch legal resources.

There is a the point about the rising cost of legal services, particularly the engagement of Senior Advocates of Nigeria and external counsel.

But experts argue that heavy reliance on private lawyers, rather than in-house legal teams within INEC, has inflated costs unnecessarily.

Third is the increasingly contentious nature of Nigerian elections. INEC has faced credibility challenges in recent cycles, with opposition parties frequently rejecting outcomes and heading to court.

The aftermath of the 2023 Nigerian presidential election saw major candidates—Atiku Abubakar of the Peoples Democratic Party (PDP), Peter Obi of the Labour Party (LP), and their parties file petitions alleging irregularities challenging Tinubu’s victory underscoring how litigation has become almost inevitable.

Post-2027: Litigation budget reflects Nigeria’s political reality – Okuade, Others

Political analysts say the huge amount reportedly budgeted for post-2027 election litigation reflects Nigeria’s entrenched political culture rather than any specific expectation of crisis.

Kunle Okuade, a political analyst, noted that given the nature of the country’s politics, it is no longer surprising that significant funds are being set aside to handle election-related court cases.

According to him, post-election litigation has become a norm, as candidates who lose at the polls increasingly turn to the courts to challenge results.

He argued that the development is not necessarily an indication that the federal government is anticipating widespread disputes, but rather a response to an established pattern in Nigeria’s electoral process.

“Our politicians have come to see the courts as an extension of the electoral process,” he said, warning that such a trend undermines the sanctity of the ballot.

Okuade stressed that while the size of the budget may raise concerns, it is difficult to fault the provision given the likelihood of a surge in post-election lawsuits.

He added that until political actors begin to fully accept outcomes declared at polling units, litigation will continue to dominate the post-election landscape.

He, however, called for a shift in political attitude, urging stakeholders to respect electoral outcomes and restore confidence in the voting process.

He also called for reforms in the conduct of elections in Nigeria, instead of the country preparing for disputes.

Other analysts argue that the huge budget is perhaps another clear sign that politicians do not easily accept election outcomes in Nigeria, with many believing that the 2027 elections may not be credible.

“Perhaps, it signals pessimism about the elections, and the signs from now can tell you what to expect,” another analyst who did not want his name in print, said.