A former president of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), has expressed concerns that the lack of independence of the Independent National Electoral Commission (INEC) is undermining Nigeria's electoral process. He made these remarks at the 22nd All Nigeria Editors' Conference of the Nigerian Guild of Editors (NGE) in Enugu, which had the theme "The Ballot, the Media and the Task of Keeping Democracy Alive." Osigwe emphasized that the current state of affairs is affecting the credibility of elections in Nigeria.
Osigwe noted that the courts have become increasingly involved in determining electoral outcomes, raising questions about whether elections are being decided by voters or judges. He described this development as the "judicialisation of the electoral process," partly blaming it on the difficulty of proving electoral malpractice. According to him, Nigeria has one of the highest numbers of election petitions because courts are frequently called upon to determine who wins elections. This has led to concerns about the role of the judiciary in the electoral process.
The former NBA president also queried the effectiveness of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV), saying these technologies have created fresh legal and evidentiary challenges. He pointed out that petitioners challenging a state-wide election could be required to produce BVAS devices from every polling unit, despite the limited time allowed for election petitions. This, he argued, defeats the purpose of using technology to make elections and election disputes easier to resolve.
Osigwe criticized the treatment of evidence obtained through subpoenas, particularly in petitions arising from the 2023 general elections. He noted that petitioners are required to file their evidence within 21 days, making documents or testimony obtained later through subpoenas inadmissible. This interpretation, he explained, has weakened the usefulness of subpoenas, especially where petitioners need documents in the custody of INEC or other public institutions.
The former NBA president suggested that the INEC Result Viewing Portal (IReV) should be given greater evidentiary recognition, even if it is not treated as the primary evidence of an election. He emphasized that some recognition should be given to it, as it can provide valuable insights into the electoral process. Osigwe's comments highlight the need for a review of the current electoral framework to ensure that it is effective and fair.
Osigwe also expressed concerns about a proposed change to the electoral framework, which would prevent non-compliance with INEC regulations and guidelines from constituting grounds for challenging an election. He warned that such a provision could encourage politicians to focus only on securing declarations, regardless of whether the process complied with the law. This, he argued, could undermine the integrity of the electoral process.
In conclusion, Osigwe's remarks underscore the need for reforms to ensure the independence of INEC and the effectiveness of the electoral process. He emphasized that the current challenges facing Nigeria's elections require a comprehensive review of the electoral framework to ensure that it is fair, transparent, and accountable. The issue is crucial, given the role that elections play in the country's democratic process.
Key points
- The lack of independence of INEC is undermining Nigeria's elections.
- The use of technologies like BVAS and IReV has created fresh legal and evidentiary challenges.
- Proposed changes to the electoral framework could encourage politicians to focus on securing declarations rather than ensuring compliance with the law.
