The judiciary remains the last hope of Nigerians in restoring their confidence in the fragile electoral integrity in Nigeria. The controversies surrounding the Edo 2024 governorship election collation of results underscore a deepening crisis of trust in Nigeria’s electoral system and raise critical questions about the integrity of INEC. As the judiciary prepares to address these challenges, Nigeria stands at a pivotal moment. The decisions made by the judiciary will either uphold the sanctity of democracy or further erode public confidence in the nation’s democratic institutions. The world is watching closely. OSCE/ODIHR, European Union, European Union Parliament, Parliamentary Assembly of the Council of Europe, OSCE Parliamentary Assembly, Organisation of American States, Carter Centre, The Commonwealth, National Democratic Institute, Electoral Institute for Sustainable Democracy in Africa, International Republican Institute, African Union, Inter-American Union of Electoral Bodies, International Organisation of the Francophonie, Economic Community of West African States, and Arab League are keenly watching proceedings from the Edo 2024 Election Tribunal.
“Additionally, unethical practices by a few judicial officers have cast a shadow over the entire institution, further eroding public confidence.”
Recently, the Chief Justice of Nigeria at the 2024 Annual Conference of Justices of the Appeal Court lamented the growing negative perception of the judiciary, urging all stakeholders to stem the tide. How did we get here, and what do you think should be done to arrest this trend? The growing negative perception of the judiciary stems from allegations of corruption, delays in dispensing justice, conflicting judgements, and a seeming disconnect between judicial outcomes and societal expectations. Years of systemic neglect, a lack of transparency, and the failure of key stakeholders to enforce accountability within the judiciary have played significant roles. Additionally, unethical practices by a few judicial officers have cast a shadow over the entire institution, further eroding public confidence.
To reverse this trend, CJN said decisive steps must be taken. First, the judiciary must prioritise internal reforms, including strengthening disciplinary measures against erring judicial officers. Second, enhanced transparency and digitisation of court processes can restore faith in the system. Third, fostering continuous legal education and promoting ethics among judges and lawyers will ensure higher standards of professionalism. Finally, collaborative engagement between the judiciary, civil society, and the public is essential to rebuild trust and reaffirm the judiciary’s role as the cornerstone of justice in Nigeria.
Since the return of democracy to Nigeria in 1999, the Independent National Electoral Commission (INEC) has struggled to conduct credible polls. The electoral umpire has conducted seven general elections in 24 years and has also had many of those elections overturned by courts as a result of electoral malpractices, which has strengthened electoral integrity in Nigeria.
Within those years, a number of governors lost their seats after election petition tribunals, and of course the Supreme Court nullified their elections. Consequently, the court has restored the mandate of seven governors. The list of governors who were the beneficiaries of this kind of court action are Rauf Aregbesola, Peter Obi, Rotimi Amaechi, Adams Oshiomhole, Segun Mimiko, Bello Matawalle, Hope Uzodinma, and others.
The Electoral Act 2022 introduced several novel provisions aimed at enhancing transparency and credibility in Nigeria’s electoral process. Chief among these innovations is the electronic transmission of election results directly from polling units to the Independent National Electoral Commission (INEC) database or backend server, referred to as the National Electronic Register of Election Results. This process includes uploading scanned copies of polling unit results (Form EC8A) to the INEC Results Viewing (IREV) Portal for public access on election day. Additionally, the Act mandates the use of the Bimodal Voter Accreditation System (BVAS), an electronic device used for accrediting voters and transmitting voter accreditation data and results to the approved INEC electronic platforms.
These technological advancements were deployed during the Edo State gubernatorial election held on September 21, 2024, and INEC abandoned these technological advancements in the middle of the election without using them for results collation in some wards and local governments. However, the election highlighted several issues that demanded a critical review of the collation of results, and the judiciary will play a major role in interpreting them.
The petition filed by Asue Ighodalo before the election tribunal centres on allegations of non-compliance with the Electoral Act, as well as INEC’s refusal to collate results in accordance with INEC’s regulations, guidelines, and manuals. The petitioner argues that irregularities occurred during the collation of results in specific local government areas of Edo State.
INEC has faced intense criticism following revelations of alleged complicity in the falsification of election result sheets (Forms EC8A-C) during the Edo governorship election. Courts will rule on several discrepancies found in the certified true copies (CTCs) of the election results released by INEC. These discrepancies include results that differ from those available on INEC’s IREV portal, as well as the absence of signatures from polling unit agents and presiding officers.
Read also: Edo 2024 election: Result collation by gun that lacks legitimacy
Such contradictions within INEC’s documents may lead the court to invalidate the affected documents upon legal scrutiny. Moreover, INEC officials implicated in the Edo forensic report have been referred to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) under Section 26 of the ICPC Act 2020. Nigerians are eagerly anticipating their prosecution for electoral offences, as stipulated in Sections 114 and 145 of the Electoral Act 2022.
The Supreme Court, in its judgement on Oyetola v. Adeleke, clarified the evidence required to prove improper accreditation or over-voting under the Electoral Act, 2022. The court held that the voter register, BVAS records, and polling unit results (Form EC8A) are the primary sources of evidence. It emphasised that the BVAS record for each polling unit constitutes the direct and primary evidence of voter accreditation on election day. These precedents will significantly influence the adjudication of the Edo 2024 governorship election results when the matter reaches the Supreme Court. Controversies surrounding the Edo State governorship election underscore a deepening crisis of trust in Nigeria’s electoral system and raise critical questions about the integrity of INEC. Nigerians are losing confidence in both the Independent National Electoral Commission (INEC) and the electoral system in Nigeria due to recent allegations of complicity by some INEC officials in electoral malpractices.
Nigeria’s electoral jurisprudence is replete with cases where elections have been overturned based on incontrovertible forensic evidence of result falsification. One notable example is the 2008 Osun gubernatorial election. In that case, the court admitted forensic evidence to nullify unlawful votes cast across ten local government areas, including Boripe, Atakumosa, Ayedaade, and Ife Central.
Nigeria stands at a crossroads, where the future of its democracy depends on the ability of the judiciary and INEC to rise to the challenges posed by post-election justice. The recommendations from judicial correspondents reflect the urgent need for reforms that will strengthen both institutions and ensure that justice is accessible to all.
The 2022 Electoral Act is a milestone in Nigeria’s democratic development, but its provisions need further clarification to reduce the burden of proof on petitioners during election disputes. In many cases, petitioners seeking to challenge election results face overwhelming hurdles, including the cost and complexity of prosecuting election petitions.
A functional democracy relies on a judiciary that promotes justice in its truest sense, ensuring that disputes are resolved based on their merit rather than procedural technicalities. Courts must avoid dismissing election-related cases on technical grounds, such as filing errors or timelines, which only serve to undermine the essence of justice. Nigerians demand that the judiciary operate with integrity, and judicial officers must be empowered and trained to handle election matters with greater diligence. This is especially important as citizens increasingly question the role of courts in post-election justice.
According to the World Justice Project’s Rule of Law Index 2022, Nigeria ranks poorly in judicial accountability, placing 120th out of 139 countries globally. This highlights a serious need for judicial reforms to ensure that the judiciary serves as a bastion of fairness, protecting the democratic rights of citizens.
A reformed INEC, driven by transparency and accountability, will help reduce electoral disputes and, consequently, the burden on the judiciary. Ensuring that INEC operates without bias is vital to restoring public confidence in Nigeria’s democratic processes.
As Nigeria continues to evolve as a democratic nation, the post-election justice process remains a critical component of upholding the people’s will. With the conclusion of the Edo 2024 election, public attention has continually focused on the judiciary’s role in resolving disputes and promoting accountability. The Edo Tribunal will promote judicial accountability in post-election justice delivery and produce a series of actionable recommendations.
Inwalomhe Donald writes via [email protected]
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
