Strengthening Nigeria’s Judiciary and Electoral Systems: A Call to Action for Post-Election Justice Delivery

As Nigeria continues to evolve as a democratic nation, the post-election justice process remains a critical component of upholding the people's will. With the conclusion of the 2023 elections, public attention has continually focused on the judiciary's role in resolving disputes and promoting accountability. A recent engagement with a judicial correspondent on the theme "Promoting Judicial Accountability in Post-Election Justice Delivery produced a series of actionable recommendations. These proposals call for urgent reforms to enhance the integrity of the judiciary, strengthen the Independent National Electoral Commission (INEC), and ensure that justice is both accessible and fair. 

This article presents an in-depth analysis of the key recommendations, urging the Nigerian government to take decisive action to protect and uphold the nation’s democratic processes. 

1. Prioritising Substantial Justice Over Technicalities in the Judiciary 

A functional democracy relies on a judiciary that promotes justice in its truest sense, ensuring that disputes are resolved based on their merit rather than procedural technicalities. Courts must avoid dismissing election-related cases on technical grounds, such as filing errors or timelines, which only serve to undermine the essence of justice. Nigerians demand that the judiciary operate with integrity, and judicial officers must be empowered and trained to handle election matters with greater diligence. This is especially important as citizens increasingly question the role of courts in post-election justice. 

According to the World Justice Project's Rule of Law Index 2022, Nigeria ranks poorly in judicial accountability, placing 120th out of 139 countries globally. This highlights a serious need for judicial reforms to ensure that the judiciary serves as a bastion of fairness, protecting the democratic rights of citizens. 

 2. Reforming INEC for Unbiased Electoral Management 

The Independent National Electoral Commission (INEC), as Nigeria’s electoral umpire, plays a pivotal role in safeguarding democratic integrity. However, recent elections have cast doubt on INEC's ability to function impartially.  Reforms within INEC to transform it into a truly impartial and unbiased institution are critical. 

Election disputes arise when citizens perceive bias or incompetence in the conduct of elections. A reformed INEC, driven by transparency and accountability, will help reduce electoral disputes, and consequently, the burden on the judiciary. Ensuring that INEC operates without bias is vital to restoring public confidence in Nigeria's democratic processes.  

3. Implementing Electoral and Judicial Reforms for Improved Accountability 

The necessity of reforming Nigeria’s electoral laws and INEC guidelines to address ambiguities that create loopholes for election manipulation. Additionally, the group called for the financial autonomy of local governments, which would enable them to carry out their constitutional responsibilities without interference from state governments. 

Further, the government should focus on implementing judicial reforms that prevent judgments based solely on technicalities. This would ensure that election cases are decided on their substantive merits, reinforcing public trust in the judiciary. Regular training and re-training of judicial officers on election-related matters is essential to enhancing their capacity for delivering fair and efficient post-election justice. The training must include updates on evolving global electoral trends and an understanding of the nuances that affect electoral disputes in Nigeria. 

4. Addressing the Prosecution of Protesters 

In the aftermath of the End Bad Governance protests, many young Nigerians continue to face legal challenges. The government must ensure fair trials for protesters, many of whom were exercising their constitutional rights to peaceful assembly and free expression. These trials must adhere to international human rights standards, and judicial officers handling such cases must be impartial and transparent in their proceedings. 

 Ensuring fair trials for protesters is a key aspect of promoting judicial accountability. Failure to do so could further erode public trust in the justice system and exacerbate the already fragile relationship between the government and the Nigerian youth. 

 5. Revisiting the 2022 Electoral Act: Clarifying Provisions and Reducing Burdens 

The 2022 Electoral Act is a milestone in Nigeria’s democratic development, but its provisions need further clarification to reduce the burden of proof on petitioners during election disputes.  In many cases, petitioners seeking to challenge election results face overwhelming hurdles, including the cost and complexity of prosecuting election petitions.  

 The group also proposed that the government work towards reducing the financial burdens associated with litigating election petitions. The high cost of these proceedings often discourages candidates and their legal teams from pursuing legitimate grievances, thereby depriving the electorate of justice. 

 6. Enhancing INEC's Capacity to Conduct Credible Elections 

To minimise disputes arising from elections, the government should strengthen INEC's capacity to conduct credible and transparent elections. This can be achieved through capacity-building initiatives for INEC officials, modernising the commission’s infrastructure, and ensuring that all processes from voter registration to election day logistics are seamless and trustworthy. Furthermore, orientation programs for politicians could emphasize the importance of ethical participation in the electoral process, thereby reducing political tensions and promoting accountability. 

 Nigeria stands at a crossroads, where the future of its democracy depends on the ability of the judiciary and INEC to rise to the challenges posed by post-election justice. The recommendations from judicial correspondents reflect the urgent need for reforms that will strengthen both institutions and ensure that justice is accessible to all. 

The government must take immediate steps to implement these recommendations. Judicial integrity, electoral reform, local government autonomy, fair trials for protesters, and enhanced capacity for election oversight are all necessary to build a more just and democratic Nigeria. Now is the time for action. Nigeria’s democracy depends on it.