Elections: Courts overriding voters’ choice, says ex-NBA president

Key Takeaways30-sec read
- n Osigwe also said politicians now rely on election tribunals to determine electoral victories rather than voters.
- n He spoke in Enugu on Thursday at the 22nd Nigeria Guild of Editors Conference.
- n He criticised the judicialisation of the electoral process, warning that democracy was being undermined by procedural bottlenecks and corruption.
The immediate past President of the Nigerian Bar Association, Afam Osigwe (SAN), has said Nigerian courts have gradually usurped the statutory power of citizens to determine their elected representatives through controversial legal technicalities.
nOsigwe also said politicians now rely on election tribunals to determine electoral victories rather than voters.
nHe spoke in Enugu on Thursday at the 22nd Nigeria Guild of Editors Conference.
nHe criticised the judicialisation of the electoral process, warning that democracy was being undermined by procedural bottlenecks and corruption.
nHe said, “A judge once presented a paper called ‘The Judicialisation of the Electoral Process.’ He argued that because of the difficulty of proving non-compliance with the Electoral Act, the courts have gradually and increasingly usurped the role of the voters. I couldn’t agree more.”
nOsigwe said Nigeria has one of the highest numbers of election petitions globally, contrasting the slow judicial machinery with the US Supreme Court, which halted Donald Trump’s postal voting attempt within days.
nCiting Chinua Achebe’s The Trouble with Nigeria, he blamed leadership failure across society.
nHe said declining voter turnout stemmed from Nigerians believing that their votes did not count.
n“They believe that between polling units and collation centres, especially at night—miracles happen before daybreak. So why vote?” he asked.
nHe said politicians exploited this by bribing voters with money, salt and rice, and recruiting thugs.
nOsigwe condemned state electoral commissions, saying ruling parties always won 100 per cent.
n“Sometimes you’ll be waiting for ballot papers, and results are already announced,” he said.
nHe said the courts had destroyed the innovations introduced through the Bimodal Voter Accreditation System and the INEC Result Viewing Portal.
n“The court held that the BVAS machine itself is the primary evidence, not the printout. So you must physically carry the BVAS from every polling unit to court within strict time limits,” he said.
nHe said the “go to court” culture had damaged the judiciary’s image, with some judges caught collecting bribes. He said pre-election matters should not be justiciable.
n“We gained independence 64 years ago. We keep making excuses, and we only end up making many lawyers wealthy and corrupt judges richer,” he said.
nHe warned that the legal system must reform or voters would abandon democracy to the courts.
n nReader Reactions12 votes
What is your take on this story? Tap an emoji to react.
Related Stories
PoliticsNational Publicity Secretary of PAP Phase 3 Condemned Continuous Attack On Dr.Dennis Otuaro
Office of the National Publicity Secretary, Presidential Amnesty Programme (Third Phase) condemned attacks on amnesty Boss.rnrnATTACKS ON DR. DENNIS O
PoliticsAPC Chieftain Calls on Senator Lokpobiri to Focus on Ministerial Duties and Stop Chasing Shadows
The Financial Secretary of the All Progressives Congress (APC), Ward 13, Southern Ijaw Local Government Area of Bayelsa State, Chief Inko Brightstar,
PoliticsBayelsa Bleeds as Deputy Governor Senator Lawrence Ewhrudjakpo Passes Away
RealNaijaGist reports that the Deputy Governor of Bayelsa State, Senator Lawrence Ewhrudjakpo, has been confirmed dead hours after collapsing in his o
