Nigeria’s former NBA President, Afam Osigwe, has raised fresh concerns about the growing role of the judiciary in deciding who emerges from elections.
Osigwe, a Senior Advocate of Nigeria, said political contests were increasingly being settled in courtrooms instead of at polling units.
He made the remarks on Thursday while speaking at the 22nd Nigeria Guild of Editors Conference in Enugu. His presentation focused on election petitions, electoral evidence, BVAS and the courts.
According to Osigwe, difficulties in proving breaches of electoral laws have contributed to the increasing judicialisation of elections.
He argued that the situation could gradually shift the power to determine elected representatives away from voters and towards judges.
The former NBA president also said Nigeria records a high number of election petitions. He linked the trend to problems within the electoral process and the strict legal requirements candidates face when challenging results.
Osigwe further connected voter apathy with growing doubts about the value of ballots.
He said some Nigerians question whether their votes will ultimately determine the result, especially because of concerns surrounding the movement of results from polling units to collation centres.
The lawyer also criticised vote-buying and the recruitment of youths for electoral violence. He alleged that politicians sometimes take advantage of economic hardship by offering voters money and food items during elections.
He equally questioned the independence of state electoral commissions, alleging that ruling parties frequently dominate elections conducted by the bodies.
Electoral technology was another major part of his presentation.
Osigwe said the introduction of BVAS and the INEC Result Viewing Portal was expected to strengthen transparency and make it easier to establish what happened during elections.
However, he argued that subsequent judicial interpretations had created difficulties for candidates challenging election results.
He particularly questioned the evidentiary requirements surrounding BVAS records, saying petitioners could face major logistical challenges when trying to obtain electoral evidence within strict legal deadlines.
Osigwe also called for greater recognition of information available through IReV in election disputes, even if the platform is not treated as the primary evidence of election results.
The senior lawyer further criticised the growing political response of telling defeated candidates to “go to court” after elections.
He said the increasing dependence on litigation could weaken public confidence in both elections and the judiciary.
Osigwe also raised concerns about perceptions of corruption within the judicial system, noting that such perceptions could damage trust in court decisions involving political disputes.
He said Nigeria needs reforms that strengthen its electoral institutions and restore voters’ confidence in the ballot.
For Osigwe, the central issue is ensuring that elections are decided through a credible voting process rather than prolonged legal battles over who actually won.
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