Politicians now rely on courts, not voters, to win elections — Ex-NBA president

n n

The immediate past President of the Nigerian Bar Association, Mazi Afam Osigwe (SAN), has accused Nigerian courts of gradually usurping the power of voters to determine their elected representatives through what he described as controversial legal technicalities.

n

Osigwe also said politicians were increasingly relying on election tribunals and courts to determine electoral victories rather than winning the support of voters.

n

He spoke in Enugu on Thursday at the 22nd Nigeria Guild of Editors Conference, where he criticised what he described as the judicialisation of Nigeria’s electoral process.

n

Osigwe said the difficulty of proving non-compliance with electoral laws had increasingly shifted the determination of election outcomes from voters to the courts.

n

He 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.”

n

The former NBA president said Nigeria had one of the highest numbers of election petitions globally, arguing that delays in the judicial process had further complicated electoral disputes.

n

He also linked declining voter turnout to a growing belief among Nigerians that their votes would not determine election outcomes.

n

“They believe that between polling units and collation centres—especially at night—miracles happen before daybreak. So why vote?” he asked.

n

Osigwe said politicians had exploited the situation by offering voters money and items such as salt and rice, while also recruiting thugs during elections.

n

He also criticised the conduct of state electoral commissions, alleging that ruling parties routinely secured victories.

n

“Sometimes you’ll be waiting for ballot papers, and results are already announced,” he said.

n

Osigwe further criticised the legal treatment of the Bimodal Voter Accreditation System and the INEC Result Viewing Portal, saying court decisions had undermined the innovations.

n

He said, “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.”

n

He also criticised what he described as the culture of politicians going to court after elections, saying it had damaged public confidence in the judiciary.

n

Osigwe alleged that some judges had been caught taking bribes and argued that pre-election matters should not be justiciable.

n

Citing Chinua Achebe’s The Trouble with Nigeria, he attributed the country’s political problems to leadership failure across society.

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.

n

Osigwe warned that unless Nigeria reforms its electoral and legal systems, voters could lose further confidence in democracy and increasingly leave the determination of elections to the courts.

n n