Former President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, has raised concerns about the increasing role of courts in determining electoral outcomes in Nigeria, arguing that the judicial process should not gradually replace the role of voters in deciding who represents them.
Osigwe made the remarks on Thursday in Enugu while speaking at the 22nd Nigeria Guild of Editors Conference, where he addressed issues surrounding election petitions, judicial independence, evidence and the use of technology in Nigeria’s electoral process. His comments focused on what he described as the growing judicialisation of elections.
According to the former NBA president, the difficulty of proving violations of electoral laws has contributed to the increasing involvement of courts in determining the outcome of elections. He said Nigeria has a very high number of election petitions and argued that electoral disputes should not routinely result in prolonged legal battles over who won an election.
Osigwe recalled the argument of a judicial colleague who described the development as the “judicialisation of the electoral process,” saying he agreed with the view that courts were increasingly assuming a role that should principally belong to voters.
He also linked declining voter participation to public doubts about whether votes ultimately determine electoral outcomes. According to him, some Nigerians have become discouraged by concerns surrounding the movement of results from polling units to collation centres and the possibility that events during the collation process could affect the final outcome.
The former NBA president also criticised practices such as vote-buying, voter suppression, ethnic profiling and the recruitment of young people for electoral violence. He argued that politicians sometimes exploit economic hardship by offering voters money or food items while also mobilising youths for activities that can undermine the credibility of elections.
Osigwe questioned the practical independence of electoral institutions and expressed concerns about the process through which officials of the Independent National Electoral Commission are appointed. He argued that public confidence in elections depends not only on the formal independence of institutions but also on whether citizens believe those institutions can operate without political influence.
He also raised concerns about the legal treatment of election technologies, particularly the Bimodal Voter Accreditation System and the INEC Result Viewing Portal. Osigwe argued that technological innovations were introduced partly to strengthen the electoral process and make verification easier, but that some judicial interpretations had created additional evidentiary challenges for people challenging election results.
He gave the example of challenges involving BVAS records, arguing that requiring petitioners to physically produce devices from polling units across a state could create substantial logistical difficulties within the strict time limits applicable to election petitions.
Osigwe further criticised the growing political refrain of telling aggrieved candidates to “go to court” after elections. He acknowledged that courts have a legitimate role in resolving electoral disputes but argued that excessive dependence on litigation can weaken public confidence if citizens begin to believe that electoral outcomes will ultimately be settled through legal battles rather than through their votes.
The former NBA president also discussed concerns about perceptions of corruption within the judiciary, while distinguishing allegations from established facts. He argued that even the perception that judicial outcomes can be influenced damages confidence in the justice system.
He called for reforms to Nigeria’s electoral and legal systems, including changes that could reduce unnecessary judicial intervention in political party affairs and strengthen public confidence in elections. He said the ultimate objective should be an electoral system in which citizens have confidence that their votes will determine who governs them.
His remarks come as attention continues to focus on Nigeria’s electoral institutions and the handling of election disputes ahead of the 2027 general elections. Other discussions in recent weeks have likewise called for reforms to election litigation and the judiciary’s role in electoral disputes.
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