Appeal Court President and INEC Call for Review of Constitution and Electoral Act in Nigeria

The President of the Court of Appeal, Justice Monica Dongban-Mensem, has called for an urgent review of the 1999 Constitution and the Electoral Act 2022 to strengthen Nigeria’s electoral legal framework.

She made this call during the presentation of a new report analysing election petition litigations from the 2023 general elections.

The report, titled “From Ballot to the Courts: Analysis of Election Petition Litigation from Nigeria’s 2023 General Elections,” was launched by the Policy and Legal Advocacy Centre (PLAC) and highlights flaws in the current legal processes guiding electoral dispute resolution.

The Court of Appeal judge, represented by retired Justice Peter Ige, stressed the need for reforms that would enhance transparency, speed up election dispute resolution, and reduce public mistrust in the judiciary.

“Many believe the judiciary is the problem, but with the proposed amendments, electoral justice can be seamless and democratic integrity restored,” she stated.

INEC Chairman, Prof. Mahmood Yakubu, represented by Director of Litigation and Prosecution, Mr. Tanimu Inuwa (SAN), also reaffirmed the commission’s commitment to electoral transparency.

He highlighted the introduction of BVAS and card readers as part of efforts to enhance credibility.

“We welcome public scrutiny and are continuously reviewing the performance of the BVAS,” he said.

PLAC Executive Director, Clement Nwankwo, expressed concerns over the judiciary’s growing role in determining political leadership outcomes. He emphasised that democracy should reflect the will of the people through the ballot, not the bench.

He supported shifting the burden of proof in election petitions to INEC, arguing it would increase accountability and reduce disregard for electoral laws.

A representative of the European Union, Mr. Reuben Aguilera, advocated for a multi-stakeholder approach to address the legal gaps before the 2027 general elections.

He emphasised that political leaders “should be elected by ballots, not by courts.”

The report’s key recommendation proposes an amendment that compels INEC to justify its declarations in court.

Stakeholders agreed that reforms are necessary to ensure that electoral justice is both practical and credible, reducing unnecessary judicial involvement in election outcomes.