In recent times, Nigeria has experienced a succession of challenges in electoral outcomes, with many candidates turning to the judiciary to secure victory, either rightfully or through fraudulent means. This trend often involves exploiting various technicalities or loopholes in the electoral process and legal provisions, ultimately diminishing the influence of citizens in Nigeria’s political participation. It was against this backdrop that the Civil Society Legislative Advocacy Centre (CISLAC) organised a national seminar where stakeholders proposed solutions to these issues. Associate Editor ADEKUNLE YUSUF reports
Amidst the ripples of contentious electoral outcomes and the peculiar surge in perplexing judicial pronouncements, the Civil Society Legislative Advocacy Centre (CISLAC) organised a critical national seminar, to safeguard the sanctity of the electorate’s power to shape leadership through the ballot. Under the theme, ‘Targeted Judicial Reforms and Enhanced Judicial Integrity in Post-Election Litigation in Nigeria,’ the seminar cast a penetrating light on both the judiciary and political actors. Its mission was clear: prevent any encroachment on the sacred right of the electorate to determine their leaders.
Drawing voices from diverse sectors of the country’s socio-political landscape, participants engaged in a candid exploration of issues, collectively forging a pathway toward an enhanced electoral process in the nation. For a whole day at the Sheraton Hotel in Lagos, stakeholders embarked on a journey through the intricate maze of Nigeria’s political challenges, peeling back layers to reveal the pulsating heartbeat of a nation in search of solutions and a renewed sense of direction. Beyond the surface of periodic elections and governance, they all agreed that Nigeria grapples with a tapestry of challenges that echo through its history and continue to shape its destiny, from the ricochets of electoral uncertainties to the resonance of governance issues.
In the early months of 2022, Nigeria achieved remarkable strides through amendments to various provisions of the Electoral Act. However, many believe that the recently concluded 2023 general and off-cycle elections have brought to light crucial areas necessitating further reforms. These reforms are essential for bolstering electoral credibility and reinstating public trust in the system. According to critics, the electoral outcomes have starkly revealed the limitations of judicial independence and its ineffectiveness in dispensing justice appropriately. This disheartening trajectory, stakeholders said, only deepens apathy and discontent among Nigerians, casting shadows on the electoral process. Therefore, the CISLAC-organised national seminar was put together to help Nigeria scrutinise the technicalities and challenges undermining the electoral system, with the ultimate goal of presenting comprehensive and inclusive recommendations for a transformative reform in the country’s electoral landscape, Auwal Ibrahim Musa Rafsanjani, the Executive Director of CISLAC, said in his welcome address.
While welcoming participants, Rafsanjani acknowledged the distinguished participants as prominent contributors with a collective commitment to shaping a better future for Nigeria. He also highlighted their shared struggle for the transition from military rule to the present democratic dispensation. Rafsanjani warned that certain unpatriotic political actors are emerging with a resolute aim to undermine the integrity and reverse the strides made in the country’s legal and institutional reforms focused on the electoral system and process.
“While our democracy has hitherto been threatened by a series of systemic challenges since 1999, we had anticipated to make appreciable progress than we currently have. Despite various legal reforms preceding the 2023 general and off-cycle elections, the conduct and outcomes of the elections have questioned the direction of Nigeria’s democracy. It is like going 10 steps backwards for every step taken forward. We are not unaware that the undemocratic actions of the political class, who are bent on capturing power at all cost for their aggrandisement and the detriment of the collective good, remain a growing challenge. This has left devastating effects on citizens’ trust in the electoral body and the judiciary. The growing commercialisation of the electoral process has deprived many decent Nigerians of the opportunity to compete favourably in primary elections across political parties. Money politics constitutes a threat to a credible and inclusive electoral system in the country. Political financing has become a profitable investment in the country.
“Despite the limits to campaign donation and finance as stipulated by the Electoral Act, in the 2023 general and off-cycle elections, there was no control in political spending, as whopping sums were expended on party primaries, electoral campaigns, vote-buying and vote-trading that consequently defeated the essence of electoral integrity. Electoral violence is one problem that has been identified as a stumbling block to free, fair and credible elections in Nigeria. It is no more news that many politicians resort to illicit electoral strategies and make use of militant youth wings, militias or the state security forces to either win the election or strengthen their post-election bargaining position.”
The CISLAC boss declared that politics at all levels is presently tainted by violence, persecution, intimidation, and the marginalisation of women, hindering their active participation in electoral politics. He was also worried by judicial encroachment into the political process, stressing that voters should have a role to play in the leadership recruitment process. It is crucial for all concerned Nigerians, particularly those aspiring to see the true reflection of democracy in the country, to be vigilant about the present situation and actively pursue avenues for improvement. “The emerging judicial corruption through the post-election litigations like tribunal activities and outcomes has called for adequate reform in our judicial system to make it more independent and efficient in the delivery of electoral justice through which the citizens’ choices prevail. Many Nigerians strongly believe that the judiciary suffers from credibility as allegations of bribery to truncate justice and compromise electoral outcomes are playing out. The judiciary, through tribunal judgments, has reportedly employed technicalities in upturning electoral victories, which in most occasions, rigs out the choices of the electorate. These are very disturbing trends that must be brought to an end in order not to make the role of the electorate irrelevant.”
As if provoked by CISLAC boss remarks, a range of stakeholders took the floor, engaging in the heated discussions moderated by Prof. Victor Adetula from the International Relations and Development Studies at the University of Jos. Notable speakers included the legal luminary Ebun-Olu Adegboruwa (SAN), Prof. Jibrin Ibrahim (Senior Fellow, Centre for Democracy and Development), Prof. Mohammed Kuna (Special Adviser and representative of the Chairman of INEC, Prof. Mahmood Yakubu), Prof. Sam Egwu (Resident Electoral Commissioner, Benue State), Dr Kole Shettima of the MacArthur Foundation, and many others with a firm determination to change the negative narrative country’s ever-evolving political landscape by delving into the core of Nigeria’s political challenges, unravelling the threads that shape its narrative, and seeking to understand the pulsating rhythm of a nation at the crossroads of change. Shettima, in his brief remarks, expressed his worrying fears about Nigeria’s elections in 2027. “If 2023 is bad the way it has been, I don’t know what 2027 will be. I fear that 2027 is going to be bad because the indicator is exactly that,” he said.
In his address on ‘Reforming Nigeria’s Electoral System for Mandate Protection: Opportunities, Challenges, and the Way Forward,’ Prof Ibrahim advocated for the prosecution of election riggers, asserting that meaningful change will only occur when there are repercussions for such actions. He vehemently criticised the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, for labelling the judiciary critics as a “mob,” emphasising the need for open discourse and constructive criticism to strengthen the judicial system. “You cannot insult us for complaining about your judiciary’s misdeed. I am astonished that we complicate and mess up something so simple,” he said.
Prof Ibrahim highlighted that even in Niger Republic, post-election litigation is virtually nonexistent, as the process involves casting votes, counting them, announcing winners, and moving forward without prolonged legal battles. He emphasised that this streamlined approach contrasts with the Nigerian system. He shared an illustrative incident from the Republic of Niger, citing the year 1999 when the then Military Head of State, Col. Ibrahim Bare Mainassara, initially prohibited military personnel from contesting elections. However, when he decided to contest and received reports indicating he had lost, Mainassara ordered a recount within the army barracks. Subsequently, he claimed a landslide victory. The professor recounted that the following day, Mainassara’s ADC fatally shot him with a machine gun, underscoring the severe consequences of actions that threaten democracy.
In his presentation, representing the Chairman of INEC, Kuna outlined four pivotal issues demanding attention for the improvement of elections in Nigeria. He underscored the significance of reforms as a crucial component in the ongoing endeavours to solidify and enhance the electoral system in the country. “By and large, we have seen how reforms have become crucial in advancing democracy in Nigeria but there is a limit to reforms because there are elements that are impeding the legal process to make reforms meaningless. If the people who are impeding the legal process to satisfy themselves against the will of the people are not taken care of, there is no amount of reforms given to the electoral law that will work,” Kuna warned. He asserted that coups d’état can be executed through two primary methods: electoral and military, adding that “in either case, the will of the people is subverted.”
Kuna expressed concern that discussions on electoral reforms often overlook some political elites who disrupt the electoral system. He acknowledged positive strides in internal processes and institutional reforms, noting that the norm of ballot snatchings has significantly decreased. While specifically addressing the roles of security agencies and political parties, Kuna emphasised that Nigeria has witnessed improvements in its electoral process. However, he underscored the importance of addressing challenges that hinder credible elections, particularly the deployment of thugs by political parties. “However, some people who still look for ways to subvert the process must be properly handled. We need to begin to focus on other bodies who are also involved in ensuring credible elections, not only INEC,” he said, mentioning the security agencies and the political parties, in particular.
In his discussion on ‘Politicisation of Election Disputes in Nigeria’s Courts: Key Provisions of the Electoral Act and the Challenges of Technical Interpretation,’ Adegboruwa highlighted the implications of the current electoral landscape in Nigeria. He asserted that winning an election doesn’t guarantee security, as judicial intervention could potentially overturn results. Adegboruwa criticised the tendency for all electoral matters to end up in court, alleging interference by political figures in court decisions. He attributed certain disappointments in court rulings to technicalities, citing the case of Senator Ahmad Lawan, where the Supreme Court focused on the process of filing the case rather than its merits. Adegboruwa advocated for judicial reforms to eliminate technicalities, suggesting specific training for judicial officers handling election petitions to prevent technical injustices. He proposed shifting the burden of proof in election cases from the political party’s candidate to INEC.
He also argued against the mention of pre-election issues in court, emphasising that once elections are concluded, the overturning of people’s votes should not be permissible. The legal luminary emphasised the importance of ensuring that the judiciary remains free from any form of inducement, threats, improper influences, or interference, whether direct or indirect, from individuals or groups. Adegboruwa added: “It is left for the National Assembly to amend the Electoral Act 2022 to give us transparent elections. We cannot continue in this fashion. The use of technology is to prevent manipulation of election results. Just as the Federal High Court judges are always sponsored to go on judges training and retreat in respect of handling Asset Management Company of Nigeria (AMCON) matters, the justices of the appellate court ought to be sponsored on international conferences/training on election petition matters.
“I finally urge INEC to help Nigeria by keeping to its guidelines and public statements and undertakings. The National Assembly should set up a special committee to scrutinise the judgment of the Court of Appeal and the Supreme Court to amend the Electoral Act 2022.”
Former Attorney-General and Commissioner for Justice in Ondo State, Mrs. Olajumoke Anifowoshe, shed light on the challenges women face in ascending to leadership positions within the Nigerian political landscape. She called on stakeholders to be on a path of courage to speak truth to power, saying: “Not being able to attain political height without going through a godfather makes Nigerian democratic experience very difficult.”
In his intervention on “Electoral Reform from Political Party Strengthening Perspective”, Professor Hassan Saliu, President, the Nigerian Political Science Association (NPSA), noted that “Nigerian political parties are the bakers of the electoral challenges in the country. They make laws for themselves and still do not obey their laws. If we can find a cure for our sickening political parties, then, our electoral challenges will be solved,” he said. The political scientist said one of the problems was “all the talks about electoral reforms have been done well and fine but they do not fly because those who talk about electoral challenges do not talk about political parties, where the problems lie.”
The professor expressed discontent with the fact that state governors and other influential individuals, whom he referred to as “moneybags,” exert control over political parties. He emphasized his lack of knowledge regarding the whereabouts and identities of these influential figures, which he believes contribute to the problems within the political system. “Must all the party have national spread? All these must be removed from our electoral system because it is in an effort to give a party a national spread that moneybags hijack it. Where also you impose heavy charges on contestants, moneybag can hijack the process.”
Professor Sam Egwu, Resident Electoral Commissioner (REC), Benue State, whose submission at the event centred on “RECs and Challenges of Election Management in Nigeria,” said: “There is a need to oversight the bureaucracy within the INEC because they do not tell the truth sometimes. If you don’t oversight them, they will create problem for you,” he said, adding that, “For RECs, there are pressures from the political parties, that is clear. But RECs must be able to surmount the challenge of those pressures.”
A pro-democracy advocate and former presidential candidate of the African Action Congress (AAC), Mr. Omoyele Sowore, said the Nigerian political situation is beyond mere reforms, adding that it requires that everyone who wishes for a truly better Nigeria must be ready for change. His words: “Nobody is going to give you power, whether you are woman, man, young or old; you have to go for it. And if you look at it statistically in the country today, look at the voters’ register, there are almost 57 per cent of voters who are women. If you want to get power, all the women need is to nominate a candidate, support a candidate and get a few men to vote for the woman and we have a woman president.
“And there is nothing in my view that shows that men in this country have demonstrated that they are better than women as leaders. Most women of this country who have been in power, either appointed, selected or forced into power have demonstrated that they have no gender. They have not favoured men or women. So, it is not a woman thing; it is a character thing. But I suppose that you use your large numbers. Women should stop accepting percentages. Your percentage involvement in power should be equal to the percentage of your voting power and bloc. It’s as simple as that. It is a one-man, one-vote idea. That should resolve the issue of women.”
