On the fifth day of the Nigerian Bar Association (NBA) Annual General Conference, legal luminaries gathered in the Adetokunbo Ademola Hall to discuss one of the nation’s most pressing issues: electoral reform.
Breakout Session VII, titled “Beyond Nigeria’s 2023 General Elections: Pending Issues in Electoral Reforms,” brought together a panel of seasoned experts who laid bare the shortcomings of Nigeria’s electoral process and charted a course for meaningful reform.
Moderated by a seasoned legal expert, the session offered a critical analysis of the post-2023 electoral landscape and the urgent need for systemic change.
Key Discussions and Insights
- Abiodun Owonikoko SAN on Tribunal Panel Selection and Electoral Challenges
- Abiodun Owonikoko SAN, a prominent election petition lawyer, opened the session with an incisive look into the tumultuous world of election petitions. He highlighted the “agonizing season” that politicians face when challenging election results in court and the harsh realities of Nigeria’s legal process. Owonikoko identified eight critical areas where urgent reform is needed:
- Transparent Tribunal Panel Selection: Owonikoko criticized the lack of transparency in the constitution of election tribunal panels, arguing that the current system often excludes judges perceived to be out of favour with the Chief Judge, leading to perceived bias.
- Enforcement of INEC Compliance: He stressed the need for more robust mechanisms to ensure the Independent National Electoral Commission (INEC) complies with court orders, particularly those requiring the production of electoral documents.
- Diaspora Voting and State INEC Autonomy: He advocated for the inclusion of Nigerians living abroad in the electoral process and called for the independence of state-level INECs to conduct local government elections free from executive interference.
- Introduction of Midterm Elections: Owonikoko suggested adopting midterm elections to enhance political accountability and voter engagement.
- Samson Itodo on Election Technology and Cultural Shifts
- Samson Itodo, a leading voice in electoral advocacy, offered a critical assessment of the 2023 elections, describing them as “meticulously planned yet poorly executed.” He warned against over-reliance on electoral technology, emphasizing that the integrity of those managing the process is paramount. It’s key recommendations included:
- Cultural Shift Among Politicians: He called for a fundamental change in political culture and urged all stakeholders to respect the game’s rules.
- Clarification of INEC Guidelines: Itodo stressed the need for legal clarity on INEC guidelines, which have been confusing in recent elections.
- Phasing Out PVCs: He noted that many voters were disenfranchised due to issues with Permanent Voter Cards (PVCs) and recommended moving beyond PVCs as the sole method of voter identification.
- Usman Sule SAN on the Role of Lawyers as Social Engineers
- Usman Sule SAN brought a philosophical perspective to the discussion, invoking John Austin’s concept of lawyers as social engineers. He questioned whether Nigerian lawyers are fulfilling this role in the context of electoral reforms and criticized the over-reliance on legal technicalities, which often lead to “too much grammar without results.” Sule called for a more results-oriented approach to lawmaking and legal practice, emphasizing the need for a commitment to practical implementation.
- Anthony Uzzi on Historical Context and Implementation Failures
- Anthony Uzzi, Attorney General of Edo State, provided a historical perspective on Nigeria’s electoral challenges, referencing past panels of inquiry that have repeatedly highlighted the same issues, yet little has changed. He compared Nigeria’s efforts to “building a skyscraper on a manual foundation,” stressing that their implementation remains inadequate while legal structures are in place.
Audience Contributions and Closing Remarks
- The session featured lively contributions from the audience. Eneja SAN raised concerns about suspending regular court operations during election tribunal periods and advocated for special courts dedicated to pre-election matters. Former INEC Commissioner Mike Igini warned that Nigeria’s problems are rooted not in its laws but in the failure of the legal community to champion their implementation effectively. He urged legal practitioners to take a renewed responsibility in driving reforms.
- In his closing remarks, Festus Okoye, a leading reformist lawyer, emphasized the pivotal role of the Nigerian Bar Association in advocating for electoral reforms. He called on the NBA to lead the charge in pushing for changes to strengthen Nigeria’s democratic processes and restore public confidence in the electoral system.
The session concluded with a shared recognition of the urgent need for action, and participants left with a renewed commitment to pursuing the reforms necessary to secure Nigeria’s electoral future.
Source: NBA Blog
