The Space for Change (S4C), has called for a reform in the election process in Nigeria, especially the amendment of electoral laws, to safeguard election integrity in Nigeria.
This is contained in the new report of the organisation, titled “GO TO COURT”.
The research was conducted under S4C’s Judiciary and Civic Space Project, supported by the Luminate Foundation.
The new report, “GO TO COURT”, focuses explicitly on the Nigerian judiciary, drawing attention to how adjudicatory interventions enabled or disabled civic life during the 2023 elections.
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The result is designed to influence civil society to prepare to act, take action, and review progress in an era of increasing opportunity and uncertainty.
The report said while amendments to the Electoral Act in 2022 were laudable, serious gaps remain, especially in the area of transparency in campaign financing, the court’s adjudicatory powers to improve internal democracy within political parties, and the exclusive jurisdiction of the Federal High Court to hear and determine all pre-election matters.
It posited that further legislative amendments were necessary to close these subsisting gaps easily exploited by politicians and other political actors.
It also recommended the enforcement of strict penalties for electoral offences.
The Executive Director of the organisation, Victoria Ibezim-Ohaeri, during the official launch of the report in Abuja on Tuesday, said the cliché, “GO TO COURT” by Nigerian politicians went viral both online and offline after the February 25, 2023 general elections.
“Typically, Go-to-court suggests that justice will surely be done by the courts. Rather than communicate hope, the cliché passes a subliminal message about judicial fragility, capture and corruption occasioned by the damaged credibility of Nigeria’s electoral process, particularly after the 2023 general elections.
“It speaks to the impunity of politicians and the disappearing public trust in the judicial system. It signifies the judiciary’s ignominious role in selling electoral victory to the highest bidder, making the quest for electoral justice through the law courts a futile pursuit.
“One other reason the cliche became very popular among the political class is because of the timeframe to conclude pre- and post-election litigation in Nigeria.
“Section 285 of Nigeria’s 1999 Constitution limits the time to 180 days. It is evident that getting justice within the 180-day timeframe would be an uphill struggle considering the volume of resources and workload involved in adjudicating upon thousands of election petitions pending before a few courts,” she said.
Ibezim-Ohaeri said politicians no longer focus on persuading the voter through campaigns and manifestoes, but instead, target the judges through focused campaigns of corruption and capture.
While maintaining that flawed elections lay the foundation for an obstructed civic space, she said the credibility of elections, acceptance of election results and stability of the election environment increasingly hinge on the effective resolution of disputes and human rights violations throughout the electoral cycle.
Among others, the report called for expeditious resolution of election-related disputes, adding that all parties should be given fair hearing.