Voters, not courts, must decide elections

The warning from the 22nd All Nigeria Editors Conference (ANEC) in Enugu is timely. Under the theme “The Ballot, the Media and the Task of Keeping Democracy Alive” and a sub-theme on detecting and debunking AI disinformation, the conference examined forces shaping Nigeria’s democracy ahead of the 2027 general elections. Significantly, the Independent National Electoral Commission (INEC) participated, with its chairman, Joash Amupitan, represented by the Enugu Resident Electoral Commissioner, Chukwuemeka Chukwu. The concerns deserve action.

John Cardinal Onaiyekan and Afam Osigwe (SAN) converged on a troubling reality: elections should be decided by voters at polling units, not retrospectively by judges. Onaiyekan proposed reforms including a new method for appointing INEC leadership, specialised election tribunals and concluding major petitions before inauguration. Osigwe, presenting “Election Petitions in the Digital Age: Independence, Evidence, BVAS and the Courts”, traced the problem to weak electoral institutions, difficult evidentiary rules, disputed technological evidence and a process that sends political contests into courtrooms.

This “judicialisation” did not arise in a vacuum. Allegations of manipulation, violence, vote-buying, suppression, flawed collation and disputed results have produced torrents of petitions. BVAS and IReV were expected to improve transparency, yet Osigwe argued that difficulties over the admissibility of and access to electronic evidence, combined with tight petition timelines, can make it difficult to prove what happened at polling units. The result is an expanding “go to court” culture in which the judiciary is asked to determine outcomes that citizens believe they had already determined with their ballots. That carries democratic costs. When voters conclude that their votes may be overturned, discounted or interpreted in court, participation declines and cynicism grows. Osigwe linked this perception to voter apathy. Worse, when democratic avenues appear incapable of delivering popular mandates, frustration can fuel calls for extra-constitutional alternatives to changing governments. That is an erosion of faith in constitutional democracy.

The judiciary also pays a heavy price. Repeated immersion in partisan contests exposes judges to political pressure, suspicion and allegations of corruption, whether substantiated or not. The courts must remain guardians of electoral justice, but they should not become substitutes for credible elections. Nigeria must attack the problem at its source. INEC requires institutional, financial and operational independence, including independence in the appointment process. Electoral technology must be legally recognised and practically admissible as evidence.

Petition procedures should be faster without sacrificing fairness, while major disputes should, where constitutionally feasible, be concluded before inauguration. Political parties must face stronger sanctions for electoral malpractice. Above all, electoral reform must restore the sanctity of the ballot. The judiciary should adjudicate genuine violations, not routinely become the arena where political mandates are recreated. A democracy survives when citizens believe their votes matter. Nigeria must make 2027 a test of that principle. The courts cannot hijack the power to choose leaders from the people.