By Hosea Parah
A former President of the Nigerian Bar Association (NBA),Mazi Afam Osigwe, SAN, has raised concerns over Nigeria’s electoral justice system, warning that excessive reliance on technicalities and procedural hurdles could further erode public confidence in the judiciary and democratic process.
Osigwe spoke during the 22nd Nigerian Guild of Editors (NGE) Conference in Enugu, where he engaged editors and other stakeholders in a candid discussion on the challenges confronting electoral litigation in Nigeria’s increasingly digital political environment.
He questioned the effectiveness of the current system of election petitions, particularly the short period available to aggrieved candidates and political parties to prepare and file their cases, as well as the heavy evidentiary requirements placed on petitioners.
According to him, the combination of the 21-day window for filing election petitions, complex legal procedures and demanding standards of proof makes it extremely difficult for petitioners to obtain substantive justice, even where they believe serious electoral irregularities occurred.
Osigwe also criticised what he described as an increasing perception that courts sometimes place greater emphasis on procedural technicalities than the substance of cases before them.
He argued that while rules and procedures are necessary for the administration of justice, they should not become instruments through which substantive questions surrounding elections are avoided.
The former NBA president also expressed concern over what he described as a decline in legal scholarship and intellectual courage within the legal profession.
He noted that lawyers and members of the judiciary should be able to engage in robust, constructive criticism of judicial decisions without fear, arguing that healthy criticism is essential to the development of jurisprudence and the strengthening of democratic institutions.
Osigwe further addressed concerns over the perceived politicisation of the judiciary, noting that public confidence in the courts is closely linked to the perception that judicial decisions are made independently and on the basis of law and evidence.
Media Must Defend Democratic Institutions
In his remarks at the conference, Professor Pat Utomi emphasised the critical role of journalists and editors in protecting Nigeria’s democratic institutions.
Utomi described the country as being in a difficult period and urged the media to remain vigilant in carrying out its responsibility as a major gatekeeper of public information.
He warned that where institutions lose integrity and citizens lose confidence in established systems of accountability, society could move towards instability and anarchy.
According to him, journalists must continue to scrutinise public institutions, expose wrongdoing and provide citizens with accurate information required to participate meaningfully in democratic governance.
The discussion also examined the relationship between the media, judiciary and the legal profession, with participants stressing that none of the institutions can effectively defend democracy in isolation.
Concerns Over Legal Practice
Osigwe also questioned some practices within the legal profession, including what he referred to as the tendency of some lawyers to “play to the gallery” and pursue cases for purposes beyond the advancement of justice.
He raised concerns about the emergence of what he described as a “black market” around legal cases and the filing of frivolous suits without adequate consequences for those responsible.
He argued that the absence of meaningful sanctions for abuse of legal processes could encourage litigants and lawyers to deploy the courts in ways that undermine the administration of justice.
The former NBA president called for a more purposeful interpretation of laws, particularly in electoral matters, rather than allowing form and technical defects to overshadow the substantive issues being presented before the courts.
He maintained that the ultimate objective of the justice system should be to resolve genuine disputes fairly and strengthen public confidence in democratic institutions.
Call for Electoral Reform
The speakers’ interventions at the conference ultimately pointed to the need for reforms capable of strengthening Nigeria’s electoral and judicial systems.
The discussion highlighted the interconnected responsibilities of the judiciary, legal profession and media in preserving democratic governance.
While the judiciary is expected to provide impartial resolution of electoral disputes, lawyers have a responsibility to uphold professional standards, while journalists and editors must continue to scrutinise institutions and inform the public responsibly.
The conference therefore underscored the growing demand for an electoral justice system that responds effectively to the realities of modern elections, including the increasing role of digital evidence and technology.
For Osigwe and other participants, restoring public confidence in Nigeria’s democracy will require more than conducting elections. It will require institutions capable of ensuring that genuine electoral grievances receive timely, substantive and credible consideration.