Concerns about Nigeria’s electoral process have been raised by political observers in the wake of extensive judicial interventions in the aftermath of the 2023 general elections. Many are now calling for a review of certain provisions in the Electoral Act of 2022.
The judiciary played a prominent role in determining the outcomes of the 2023 elections, particularly in 15 governorship elections and the closely contested presidential poll, with the Supreme Court having the final say. This has sparked worries among Nigerians about the state of the country’s democracy.
Interestingly, while a significant number of citizens express discontent with the election’s overall conduct, the Independent National Electoral Commission (INEC) appears to give itself a positive assessment, considering the court verdicts as vindication.
During a meeting with political party leaders on December 18, 2023, INEC chairman Prof. Mahmood Yakubu revealed that the courts had ordered rerun elections in 34 constituencies, comprising one senatorial district, 11 federal constituencies, and 22 state constituencies. These constituencies represent only 2.8% of the 1,191 petitions filed after the general elections.
Despite the challenges, INEC asserts that it has performed well, especially as most of the court decisions upheld the victory of governors. However, questions have been raised about the effectiveness of the Bimodal Voter Accreditation System (BVAS) and Election Result Viewing Portal (IREV) in preventing over-voting, leading to demands for result cancellations in several polling units.
Civil society organizations, including Yiaga Africa and the Nigerian Civil Society Situation Room, have criticized the 2023 elections for failing to enhance electoral integrity and damaging public confidence in INEC. As a result, there is a growing consensus among political scholars that a thorough review of the Electoral Act 2022, particularly Section 135(1), is necessary ahead of the 2027 general elections. This section, which stipulates that an election shall not be nullified except for substantial non-compliance, is seen by some as a hindrance to addressing frauds and flaws in the electoral process.
INEC, however, maintains an open-door policy, involving stakeholders in decision-making processes. Dr. Mary Nkem, INEC’s director of Voter Education and Publicity, has stated that reports and recommendations from the 2023 elections will be considered for implementation in future elections.
Former INEC Commissioner Dr. Okechukwu Ibeanu emphasizes the importance of involving citizens and election management bodies in the review process, rather than leaving it solely to the National Assembly. Ambiguities in the Electoral Act, such as those related to the transfer and transmission of election results, electronic voting, voting hours, and diaspora voting, should be addressed to ensure legal clarity and administrative efficiency.