Nigeria’s presidential election in February 2023 saw Asiwaju Bola Ahmed Tinubu declared
winner by INEC, with Atiku Abubakar as the first runner-up and Peter Obi as the second
runner-up.
However, four political parties have rejected the result and filed lawsuits in the Presidential
Election Tribunal. They’re asking the court to order INEC to conduct a fresh election due to
alleged irregularities.
Election petitions according to the Nigerian law are heard first at the Court of Appeal, then
appeals go to the Supreme Court. The election petition is to be filed within 21 days after
date of declaration of the election result. The tribunal must hear and deliver its judgment
within 180 days. This is stated in section 132, subsection 7 and 8 of the electoral Act, 2022.
Atiku Abubakar on the 5th of May, 2023, had asked for live broadcast of the petition
proceedings, saying it’s a matter of national concern. This involves the admission of
reporters and their equipments into the courtroom. The Nigerian Bar Association (NBA) had
on the 23rd March, made similar call.
In Kenya, the Supreme Court’s decision to annul a Presidential election was commended for
allowing live coverage of the proceedings. It allowed the Court to deliver judgment two
weeks after the filing of the petition. This was made possible with the aid of technology and
a live coverage of the court proceedings by the media; instead of spending precious time on
calling hundreds of witnesses to give oral evidence or adopt written depositions and be
cross-examined by opposing lawyers.
Should this be expected from Nigeria’s judicial system?
As the declared election result is being challenged in court for not complying with the
Electoral Act, it is unclear whether the President-elect would be inaugurated on May 29th or
suspended until post-election proceedings are completed.
What does this really imply?
Let us have your thoughts in the comment section below.
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