Nigeria Faces Surge in Election Petitions, Warns Former NBA President

Former President of the Nigerian Bar Association (NBA), Chief Afam Osigwe, SAN, has raised alarm over Nigeria's ranking as one of the countries with the highest number of election petitions. Speaking at the 22nd Nigeria Guild of Editors Conference held at the International Conference Centre in Enugu, Osigwe presented a paper titled, “Election Petition in the Digital Age: Independence, Evidence, BVAS,” where he highlighted the concerning trend of courts playing a pivotal role in determining electoral outcomes.

Osigwe pointed out that the frequent recourse to the judiciary stems from the challenges of proving alleged electoral malpractice and non-compliance with existing electoral laws. He remarked, “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.” This judicial intervention, he noted, often reduces the resolution of electoral disputes to procedural directions rather than substantive resolutions of electoral integrity.

Describing the phenomenon as the “judicialization of the electoral process,” Osigwe argued that the judiciary has assumed responsibilities that should fundamentally belong to the electorate. He elaborated on how the conduct of elections in Nigeria, coupled with the narrow window for contesting electoral results, has led to a systemic reliance on litigation. “The manner in which Nigerian elections are conducted, coupled with the difficulty of establishing electoral violations within the limited period allowed for election petitions, has contributed to the growing dependence on litigation,” he said.

Osigwe's remarks underscore a pressing need for electoral reforms to empower voters and mitigate the reliance on judicial interventions. As Nigeria approaches future elections, the emphasis on maintaining the integrity of the electoral process and ensuring that voters' voices are not overshadowed by legal battles will be essential for the health of the nation's democracy.