To reverse judicialisation of the electoral process in Nigeria

The deep insertion of the judiciary in disputes over nomination is unhealthy for our electoral process. It’s one of the avoidable instances of judicialisation of politics; or more appropriately, the judicialisation of the electoral process in Nigeria. 

As we can all attest from our experience in the last 24 years, there is virtually no way the Iron Law of Oligarchy can be avoided in the internal management of political parties. This is a tried and tested fact all over the world. In plain truth, politicking cannot be avoided in the internal management of political parties. Given this reality, it is virtually impossible for the legislature to regulate in details how political parties ultimately choose their candidates, let alone granting the courts enormous powers to judicially review the process of nomination. 

The courts are adjudicatory bodies, without appropriate adjudicatory tools to judicially review the nomination process of political parties, which is inherently a political process. It is therefore imperative to allow politicians to learn to play their political games without the urge to resort to the courts at the slightest provocation.
 
In any event, political parties are actually non-public entities which are not created by law but only accorded recognition by the Independent National Electoral Commission (INEC) to field candidates for elections after being registered. Why then should the legislature be so keen on legislating every aspect of the internal management of political parties including how they relate with each other internally? Why should the courts in tow be required to adjudicate such matters in the manner they currently do, to the extent of setting aside popular votes?  

Our current electoral process seems to be quite ambitious and expensive, giving the courts virtually limitless powers in electoral disputes. In addition to many things it seeks to achieve, the process goes to the extent of covering everything that a political party does in nominating its candidates for an election. This has empowered our courts to undertake judicial review of the nomination process, either as a pre-election matter; or as a post-election petition matter. 

The effect of the insertion of the judiciary into the affairs of political parties is what manifests in controversial decisions which appear to trump the will of the people. Even as courts are only performing their duty to interpret the law passed by the legislature, many citizens cannot appreciate this. They perceive the courts as having been captured by the powers that be. 

Therefore, to reverse the challenge of judicialisation of Nigeria’s electoral process, it is recommended as follows:

1. The alteration of provisions of the Constitution and amendment of provisions of the Electoral Act, 2022 which insert the courts too deeply into the fray in electoral disputes especially at the point of nomination. 

2. The amendment of provisions of the Electoral Act (section 134 especially) that allows a political party or its candidate to challenge the nomination of the candidate of another political party as a ground in an election petition.

Professor Omoregie, SAN, the director of Legislative Support Services, National Institute for Legislative and Democratic Studies, National Assembly, Abuja made the remark at the Citizens Townhall on Electoral Reform organised by the National Assembly Joint Committee on Electoral Matters held in Abuja recently.