I have repeatedly argued that the greatest obstacle to a credible election process in Nigeria is the Nigerian Judiciary. This claim is not made lightly—it stems from my study of election law and my firsthand experience with the electoral process.
IREV: From Transparency Tool to “Mere Viewing Center”
The INEC Result Viewing Portal (IREV) was created to ensure transparency. The law clearly mandates that results posted on the IREV be used to cross-check results from polling units, and in cases where IREV fails, duplicate copies of results (the “blue sheets”) should serve the same purpose.
Yet, the Supreme Court ruled that it makes no difference whether results are posted on IREV or not. The court essentially turned a legally binding transparency mechanism into a ceremonial tool with no consequences.
Courts Replacing Election Officials
In recent rulings:
The Supreme Court substituted its judgment for election officials, authenticating results that were neither posted on IREV nor cross-checked against duplicates.
The court relied on oral testimony instead of certified documents, bypassing the law’s explicit procedures.
Failures by election officials to follow statutory processes were deemed irrelevant to the credibility of results.
This is judicial overreach that undermines the legal safeguards designed to ensure fair elections.
Section 137: A Legislative Fix to Judicial Disdain
The law had to be amended via Section 137 of the Electoral Act 2022 to explicitly require courts to examine certified polling unit results. Before this, courts considered the volume of results a “dumping” problem and often dismissed them entirely. They treated voters’ efforts as negligible because:
There are over 176,000 polling units, making comprehensive review challenging.
The judiciary often favors expediency and oral testimony over legally mandated documentary evidence.
The Human Cost Ignored
Nigerians endure enormous hardships to vote:
Standing in the sun or rain for hours, sometimes bent double with age.
Facing violence and intimidation, with some injured or bleeding yet determined to cast their votes.
And yet, the courts essentially tell them:
“Don’t expect us to examine these results. Throw them in the garbage.”
This contempt for citizens’ efforts undermines faith in the electoral process.
The Crux: Systemic Judicial Undermining
The problem is not merely IREV—it is systemic:
Judicial discretion often erodes legal safeguards.
Certified results are devalued, disconnecting voters’ efforts from electoral outcomes.
Election credibility suffers, not due to voter behavior, but because of judicial interpretation and enforcement.
Until Nigerians recognize the judiciary’s central role in subverting the legal process, all other electoral reforms may remain superficial.
Published by Chuks Nwachuku
