Afam Osigwe: Elections Must be Decided at the Polls

Immediate Past President of the Nigerian Bar Association, Afam Osigwe, SAN, has called for reforms to ensure that election outcomes are determined by voters at polling units, rather than prolonged litigation. Osigwe spoke at the 22nd All Nigeria Editors Conference in Enugu, where he presented a paper titled, “Election Petition in the Digital Age: Independence, Evidence, BVAS”. He said Nigeria had one of the highest numbers of election petitions, expressing concern over the increasing involvement of courts in determining electoral outcomes. According to him, difficulties in proving alleged electoral malpractice and non-compliance with electoral laws within the limited period for election petitions, had contributed to the growing dependence on litigation. Osigwe said the development had previously been described as the “judicialisation of the electoral process”, arguing that courts were increasingly being drawn into questions that should primarily be settled through the ballot. He also questioned the independence of the Independent National Electoral Commission (INEC), particularly the process for appointing its members, saying public confidence in the Commission could be affected by perceptions about its autonomy. The former NBA President, raised concerns about the evidentiary requirements surrounding the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IREV), saying electoral technologies introduced to improve transparency, should not create additional difficulties for Petitioners seeking to establish alleged irregularities. He also criticised the growing “go to court” culture following disputed elections, and linked declining voter participation partly to perceptions that votes may not ultimately determine electoral outcomes. Osigwe urged stakeholders to strengthen electoral institutions, and improve the handling of electronic evidence ahead of the 2027 general elections.