By Emmanuel Oloniruha and Angela Atabo
A legal practitioner and civil society activist have called for comprehensive legislative and constitutional reforms to reduce the involvement of the judiciary in electoral matters in Nigeria.
Mr Frank Tietie, a legal practitioner and Mr Austine Aiggbe of the Regional Advocacy Officer, West Africa Democracy Network (WADEMOS), made the call during democracy roundtable organised by the Nigeria Union of Journalists (NUJ), News Agency of Nigeria (NAN) Chapel on Wednesday in Abuja.
The duo spoke during a panel session at a democracy roundtable with the theme “Making Nigeria’s Vote Count in 2027: The Role of INEC”.
The duo maintained that the electoral outcomes should be decided at the polling units rather than in courtrooms and tribunals.
Mr Frank Tietie, an Abuja-based development lawyer, said that subjecting election outcomes to judicial tribunals undermined the constitutional independence and authority of the Independent National Electoral Commission (INEC).
He there should be reforms to ensure courts have no bearing in deciding election winners.
“An election that took four years to prepare by an institution with constitutional powers, cannot be overturned by a group of three men sitting in the name of tribunal or five men sitting as a court. That is highly undemocratic and unacceptable,” he stated.
Tietie while calling for greater constitutional protection for the independence of the Independent National Electoral Commission (INEC), urged the commission to assert its constitutional autonomy.
He also called on journalists to champion electoral reforms that would strengthen Nigeria’s democratic process.
He maintained that Section 158 of the 1999 Constitution guarantees INEC’s independence, saying the commission should not be subjected to external control or undue influence.
\`\`The National Assembly should not enact laws that undermine INEC’s constitutional autonomy. The commission must be allowed to independently determine the technologies and procedures it adopts for elections.”
The legal practitioner also advocated for an amendment to Section 285 of the Constitution, which establishes election tribunals, saying excessive reliance on post-election litigation had weakened Nigeria’s electoral system.
“The courts have become too central to deciding election outcomes. Our elections should be determined at the ballot box rather than in the courtrooms,” he said.
Tietie also expressed concern on how the judicial system is prioritising political litigation over regular justice delivery, while citizens languish in detentions while courts expedite intra-party political disputes.
He advised journalists to understand the difference between interest in the Nigeria state and the government in power, noting that institutions such as the News Agency of Nigeria operates as state institution rather than political establishment.
Regional Advocacy Officer, West Africa Democracy Network (WADEMOS), Mr Aigbe, said that “democracy will suffer when there is no sincerity in electoral architecture”.
Aigbe said that Nigeria’s political architecture had fostered what he described as a “cabalocracy” where judicial technicalities frequently override the popular vote.
He also noted that Nigeria’s presidential structure and “judicialisation of elections” had hindered true democratic progression in the country.
“We no longer decide elections at the polling unit; we now decide them in the courts. Democracy will never survive when technicalities replace the popular vote,” he said.
Aigbe noted that political actors often exploit post-election litigation merely as a platform for continuous visibility rather than genuine legal grievance.
“Democracy will suffer when there is no sincerity of purpose in our electoral architecture,” he said.
Aigbe added that many politicians engage in post-election litigations not necessarily to seek justice, but to maintain public visibility and political relevance at little personal cost.
He advocated for what he described “citizeniology,” a concept where active citizens hold the democratic process accountable.
Also responding to questions, Mrs Magdalene Aku, Assistant Director, Voter Education and Planning at INEC, Abuja also a panelists, said that the commission was always troubled when declared election results were overturned by the courts.
Aku noted that while several factors contribute to disputes, post-election judicial reversals remained cost-intensive for the commission, especially when ordered to conduct run offs or by-elections.
“However, as a law-abiding institution, INEC will always obey the decisions of the court while continuing to educate and sensitise voters to ensure compliance with electoral guidelines,” she said.
On the issue of franchise accessibility for essential workers on duty during polling days, Aku said that INEC was reviewing mechanisms to enable election officers, journalists and security personnel to vote at their assigned duty stations.
Addressing the role of journalists during elections, Ms Grace Ike, Chairman of the Nigeria Union of Journalists (NUJ) FCT Council, urged media professionals to adhere strictly to ethical reporting, balance, factual and accuracy.
“We must not announce results until the electoral umpire announces them or gives instruction. While you are in a haste to break that story, do not break information that will break the nation,” Ike said.
She assured that the NUJ maintained zero tolerance for intimidation against journalists while urging reporters to stay mindful of legal accountability under the Cybercrime Act.
“From the media angle, we will continue to report. There’s no form of intimidation that will stop us from reporting factually, but on our own side, we must understand that the Cybercrime Act is not friendly to the media community and whatever you report, you must be held accountable.
“So reporting responsibly is our watchword,” Ike said.(NAN)(www.nannews.ng)
OBE/ATAB/FEO
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Edited by Francis Onyeukwu