Reforming the electoral system for credible elections

There is no doubt that the defects inherent in the extant legal framework of Nigeria’s electoral systems as exposed by matters arising from the 2023 general elections threaten national peace and stability if not addressed. At a workshop recently held by the Court of Appeal on the review of the 2023 election petition tribunals/court and appeals, several recommendations were made to tighten the loose ends in the electoral laws.

On the issue of transmission of results, the jurists proposed that the Electoral Act be reviewed to avoid needless controversy as witnessed in the last general elections. It was further suggested that the electoral law should be amended to create an exception where a subpoenaed witness can still give evidence so long as the fact supporting his evidence or testimony is captured in the petition at the time of filing.

Nevertheless, the recommendations are only a peripheral measure to a monstrous endemic problem. The elephant in the room is: why is Nigeria’s election ‘judicialised’? Is it due to glaring discrepancies in the process, or simply the highly litigious tendencies of the average politician or Nigerian? What are the factors threatening free and fair elections? A free, transparent, and credible election will produce less litigation than a compromised one.

Undoubtedly, the judicialisation of the electoral process speaks to the nation’s dysfunctional party system and electoral administration. Nigeria’s party system is not entrenched in democratic principles. The political parties do not practice internal democracy and possess zero integrity quotient. The principles of fairness, transparency, equity, justice, respect, dignity, and discipline are often lacking in Nigerian political parties.

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