When Votes End in Court: Stakeholders Demand Judicial Reforms to Protect Nigerians’ Ballots
For millions of Nigerians who queue for hours, sometimes under difficult conditions, to cast their votes, the ballot represents more than a piece of paper. It is their opportunity to choose who governs them.
But what happens when that choice does not end at the polling booth?
That question dominated discussions in Lagos as legal practitioners, politicians, academics, civil society representatives and media professionals gathered for the third symposium of the Tunji Braithwaite Foundation.
The symposium, themed “The Judiciary and Electoral Integrity in Nigeria: Safeguarding Free, Fair, and Credible Elections for Democratic Consolidation,” focused on concerns surrounding the increasing role of the judiciary in determining electoral outcomes.
Stakeholders argued that while the courts have an important constitutional role in resolving electoral disputes, the integrity of votes cast by citizens must remain central to Nigeria’s democratic process.
‘The Ballot Must Matter’
In his keynote address, former Chairman of the National Human Rights Commission, Professor Chidi Odinkalu, raised concerns over what he described as the growing influence of judicial pronouncements in determining who eventually occupies elective offices.
Odinkalu argued that Nigerians’ sovereignty is exercised through the ballot and expressed concern that judicial decisions could, in some circumstances, displace the choices made by voters.
He described the development as turning the judiciary into a political marketplace, where electoral outcomes could ultimately be determined in courtrooms rather than at polling units.
For an electorate that has already gone through the process of choosing a candidate, the implication is significant: a vote cast at the polling booth may not necessarily translate into the political mandate expected by the voter.
Odinkalu particularly criticised the treatment of some votes as “wasted votes”, arguing that judges should be cautious about decisions that render votes cast by citizens ineffective.
He described some judicial decisions in electoral matters as scandalous and a ridicule of jurisprudential practice.
Odinkalu’s concerns are not entirely isolated. Recent reports on the symposium show that he called for reforms that would ensure that where a court nullifies an election, the electorate should have an opportunity to make the final choice through a fresh election.
Judge Questions the Weight of Technicalities
A former High Court judge, retired Honourable Justice Oladotun Adefope-Okojie, also raised concerns about the electoral system and the role of political parties in generating disputes that eventually end up before the courts.
She blamed politicians for non-adherence to their parties’ constitutions and frowned at the invocation of the power of exigencies by some judges in determining judicial matters.
Adefope-Okojie also questioned situations where technicalities could overturn the wishes expressed by voters at the ballot box.
Her concern touches on a reality that ordinary voters may find difficult to understand: after participating in an election and casting their ballots, the eventual outcome may become a matter of complex legal arguments that have little to do with the immediate choice made at the polling unit.
Recent reporting from the symposium similarly quoted the retired judge as calling for the will of the people to remain central to electoral outcomes.
INEC, Technology and the Protection of Votes
A former INEC Commissioner, Mr Mike Ogidi, outlined steps taken by the electoral body to promote credible and reliable elections.
He maintained that elections could not be rigged under his watch because of the technology applied by INEC.
Ogidi, however, emphasised that technology alone cannot protect democracy if citizens do not participate actively in the electoral process.
He therefore urged voters to participate in elections and stand firm in protecting their votes.
He also advised the judiciary to maintain its position as the last hope of the common man, rather than becoming what voters could perceive as a lost hope.
The issue is particularly relevant as Nigeria approaches the 2027 general elections, with the debate over how technology, electoral administration and judicial review should interact expected to remain prominent.
Youths Warned Against Political Manipulation
The former Chairman of the Inter-Party Advisory Council, IPAC, Dr Yunusa Tanko, stressed that the judiciary has no place in determining the candidate of any political party.
He urged INEC to remain neutral as an electoral arbiter and not allow itself to be used by any political party.
Tanko also cautioned the electorate, especially young Nigerians, against allowing themselves to be used for political manipulation.
He warned that such actions could later become part of evidence presented before the courts in attempts to influence electoral outcomes.
The message places part of the responsibility for protecting democracy on voters themselves: not only casting their ballots but also resisting actions that could compromise the electoral process.
Rule of Law Must Remain Central
Rev. Father Raymond Anoliefo of the Justice Development and Peace Centre, JDPC, stressed the importance of the rule of law in electoral matters.
He also called for stronger political ideology and principles among political actors.
For him, a credible democratic system requires more than periodic elections. It requires political parties and candidates who are guided by clear principles and respect for democratic rules.
Media Has a Role to Play
For media professional Mrs Adesua Giwa Osage, the media cannot afford to remain on the sidelines of the electoral process.
She asserted that the media should live up to its responsibility of educating and informing the electorate on issues affecting their choices of candidates and the consequences of elections.
Her position brings the conversation closer to the everyday Nigerian voter.
Before citizens decide who to vote for, they need access to accurate information about candidates, political parties, policies and the implications of their choices.
This places a responsibility on journalists and media organisations to go beyond reporting political activities and help citizens understand the issues that shape their democratic choices.
The Bigger Question
At the heart of the Lagos symposium was a question that affects every Nigerian voter: Who ultimately owns the electoral mandate—the voter who casts the ballot or the institution that interprets the law after the election?
The stakeholders did not dispute the constitutional role of the judiciary in resolving electoral disputes. Rather, their concerns centred on ensuring that judicial intervention does not undermine the significance of the ballot.
With the 2027 elections approaching, the debate over judicial and electoral reforms is therefore likely to remain an important part of Nigeria’s democratic conversation.
The highlight of the symposium was the issuance of a communique, with politicians, academics, civil society groups, media professionals and students in attendance.
For the ordinary voter, however, the message from the gathering goes beyond legal arguments and courtroom proceedings: the vote must continue to matter.
By By Moses Kalu
