As Nigeria approaches the 2027 general elections, concerns over the increasing role of the judiciary in deciding electoral disputes dominated discussions at the 22nd All Nigeria Editors Conference in Enugu.
Catholic Archbishop Emeritus of Abuja, Cardinal John Onaiyekan, and former Nigerian Bar Association President, Mazi Afam Osigwe, SAN, were among speakers who called for reforms to ensure that elections are decided primarily through credible voting rather than prolonged court battles.
The conference, organised by the Nigerian Guild of Editors (NGE), was held under the theme “The Ballot, the Media and the Task of Keeping Democracy Alive,” with the sub-theme “When Lies Look Real: Detecting and Debunking AI Misinformation Before, During, and After Elections.”
Other prominent personalities at the event included NGE President Eze Anaba, Minister of Information Mohammed Idris, Obi of Onitsha Igwe Alfred Achebe and Enugu State Governor Peter Mbah.
Also in attendance were Jigawa State Governor Umar Namadi, Enugu State Deputy Governor Ifeanyi Osisi, Vanguard Publisher Sam Amuka, former Ogun State Governor Olusegun Osoba, Prof. Auwal Yadudu, SAN, Chief Onyema Ugochukwu, Tunde Rahman, Prof. Stella Okunna and INEC Chairman Joash Amupitan, who was represented by the Enugu Resident Electoral Commissioner, Chukwuemeka Chukwu.
Onaiyekan Wants Courts to Remain Dispute Resolution Platforms
Delivering the keynote address, Onaiyekan said democracy should ultimately produce governments that serve the people, with elections providing the mechanism through which citizens choose their leaders.
He expressed concern that Nigeria’s electoral process had increasingly seen courts become a major battleground for determining political contests.
According to him, the judiciary should adjudicate disputes arising from elections rather than effectively determine who wins them.
“The judiciary is supposed to be the last stage in the electoral process. It should be stressed that the judiciary is not to determine elections about who wins, but rather to adjudicate disputes when they arise,” he said.
Onaiyekan argued that credible elections should reduce the need for prolonged litigation.
“If elections were well conducted, there ought not to be any need for judicial cases. The tribunals were supposed to be there just in case.”
He said Nigeria’s recent experience had increasingly shifted electoral contests from polling units to courtrooms.
“Our experience in the recent past has almost become that we have been witnessing a situation where our elections are being determined not at the polls, but in the courts by the tribunals,” Onaiyekan said.
The cleric also criticised the prolonged legal battles that can follow disputed elections, saying they create opportunities for highly paid lawyers to focus on technicalities.
He further raised concerns over allegations of unjust decisions by some election tribunals, saying perceptions about the judiciary’s handling of recent elections had affected public confidence in the institution.
Onaiyekan called for efforts to restore trust in the courts and advocated electoral reforms, an independent INEC and a requirement that a presidential candidate secure at least 50 per cent of votes cast to be declared winner.
Onaiyekan Proposes Electoral Reforms
The Catholic cleric outlined reforms he believes could reduce dependence on post-election litigation.
One proposal was the creation of a special election tribunal dedicated exclusively to electoral cases, with a defined period within which petitions must be resolved.
He also argued that election disputes should be concluded before elected officials are sworn into office.
“More seriously, we must do all that is necessary to dispose of all tribunal cases before swearing in any candidate,” he said.
Onaiyekan questioned the fairness of a system in which a declared winner takes office and then uses state machinery and resources to defend the victory against a challenger in court.
“A situation where a candidate has been declared a president still going to tribunal to defend his position using state means and state resources to defend himself against his opponents is not serious as far as natural justice is concerned,” he said.
He also called for greater involvement of ordinary voters in election litigation.
Onaiyekan noted that candidates are generally the principal parties with legal standing to challenge election results, but argued that citizens whose votes are directly affected should have a greater role when they believe their votes were improperly counted.
“We who cast the votes and whose votes are at stake have no room to complain. This must change,” he said.
He also proposed changes to the process for appointing INEC leadership, arguing that electoral commissioners should be sufficiently independent of political authorities.
Osigwe Raises Concerns Over Election Petitions
Osigwe, who spoke on “Election Petition in the Digital Age: Independence, Evidence, BVAS,” said Nigeria has a high number of election petitions, with courts frequently becoming involved in determining electoral outcomes.
“I see that Nigeria is one of the countries with the highest number of election petitions, and all because the courts are very frequently involved in determining either the outcome or who won,” Osigwe said.
He recalled the description of the trend as the “judicialisation of the electoral process,” arguing that disputes increasingly move from polling units to courtrooms.
Osigwe identified difficulties in proving alleged electoral violations as one factor contributing to the high level of litigation.
He also raised questions about the evidentiary framework surrounding technologies such as the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV).
According to him, technologies introduced to improve electoral transparency should not become additional obstacles for candidates attempting to establish what happened during an election.
He also questioned how subpoenaed documents are treated, particularly where petitioners could not obtain certain evidence before filing their cases.
On IReV, Osigwe argued that the platform should have meaningful evidentiary recognition in election litigation, even if it is not treated as the primary evidence of election results.
Concern Over the “Go to Court” Culture
Osigwe also questioned the political culture of telling defeated candidates to “go to court” after disputed elections.
He said such statements could raise questions about public confidence in the electoral justice system, particularly when candidates and citizens already have concerns about the ability of courts to resolve disputes effectively.
He also discussed public perceptions of corruption within the judiciary, while making clear that he was not personally endorsing allegations of bribery against judges.
According to Osigwe, even the perception that judicial outcomes can be influenced by improper payments can damage confidence in the justice system.
He similarly raised concerns about public confidence in the independence of the electoral commission, including the process through which electoral officials are appointed.
Anaba: Protect the Ballot
NGE President Eze Anaba also stressed the importance of protecting the credibility of the ballot so that courts do not become substitutes for voters in determining representation.
“The credibility of the ballot must be protected so that the courts do not have to replace the citizenry in determining who should represent the people,” Anaba said.
He said voters need credible information and the freedom to make their choices without intimidation or undue influence.
For Anaba, the media therefore has a responsibility to provide citizens with accurate information about candidates, policies, government performance and the electoral process.
The discussions at the conference also highlighted the growing challenge posed by artificial intelligence, particularly the ability to create convincing fake photographs, videos, audio recordings and documents ahead of elections.
The speakers stressed the importance of strengthening electoral institutions, improving public confidence and ensuring that voters have access to reliable information as Nigeria prepares for the 2027 elections.
