In an effort to strengthen Nigeria’s electoral system through evidence-based insights into judicial decisions, the European Union, through its Support to Democratic Governance in Nigeria (EU-SDGN) programme, has launched a landmark report titled “From Ballot to the Courts: Analysis of Election Petition Litigation from Nigeria’s 2023 General Elections.”
The report provides a comprehensive analysis of judgments delivered by Election Petition Tribunals, the Court of Appeal, and the Supreme Court in response to petitions from the 2023 general elections.
Funded by the European Union and developed by the Policy and Legal Advocacy Centre (PLAC), one of the EU-SDGN implementing partners, the report aims to promote public understanding of the election petition process and highlight how courts have interpreted and applied Nigeria’s electoral laws.
The initiative is part of the EU’s broader effort to enhance transparency, reduce election-related disputes, and support reforms that improve the credibility and consistency of Nigeria’s democratic institutions.
Speaking at the launch in Abuja, the European Union Ambassador to Nigeria and ECOWAS, Ambassador Gautier Mignot, represented by Ruben Alba Aguilera, Head of the Governance, Security, and Migration Section at the EU Delegation, expressed concern about the impact of inconsistent judicial decisions on democratic trust.
“The conflicting decisions in respect of the same set of facts are weighing heavily on the quality of Nigeria’s democratic experience and the trust of voters,” he said.
He warned that such inconsistencies generate political tensions and undermine a stable political climate, which in turn affects national development. He also noted the logistical challenges these judicial inconsistencies create for INEC.
“These contradictory and last-minute decisions have made it more difficult for INEC to effectively carry out its regulatory responsibilities,” he stated.
Ambassador Mignot expressed optimism that the report would support both INEC and the judiciary in addressing the systemic issues that erode public confidence in the electoral process.
“I am pleased that the launch of this report will contribute to the body of knowledge in this area, providing empirical data and insight that both the judiciary and the public can draw on,” he added.
He reiterated the EU’s commitment to supporting electoral reform in Nigeria. “The EU will continue to support a more independent judiciary and an improved electoral process. We hope that the recommendations from this analysis will be considered in the ongoing constitutional review process to ensure a robust reform of the country’s electoral framework.”
PLAC Executive Director, Barrister Clement Nwankwo, who delivered the opening remarks, explained the rationale behind the initiative.
“We see that the courts have become a very critical component of election management in Nigeria, which is a sad development,” he said.
“We felt it was important to aggregate judgments from election litigation—tribunals, the Court of Appeal, and the Supreme Court—so that candidates, aspirants, lawyers, and the public can understand how the judiciary continues to shape electoral outcomes in the country.”
He noted that the research team reviewed over 1,700 records, comprising nearly 100,000 pages of court documents, covering 1,503 post-election petitions across all levels of the judiciary.
Among the key findings was a high failure rate for election petitions. At the tribunal level, 88.9 percent of 895 cases were dismissed, with only 11.1 percent succeeding. Similarly, the Court of Appeal saw 79.4 percent of appeals fail, with only 20.6 percent successful.
The report identified common grounds for dismissal: 73.1 percent were struck out for failure to discharge the burden of proof, 14.7 percent for procedural lapses, 8.5 percent for raising pre-election issues beyond the tribunal’s jurisdiction, and 3.7 percent due to lack of legal standing.
Significant challenges included limited access to INEC documents, delays in court proceedings, and ambiguity surrounding the use of electoral technologies such as the INEC Result Viewing Portal (IReV) and the Bimodal Voter Accreditation System (BVAS). Courts issued conflicting judgments on whether BVAS machines must be physically presented in court, and petitioners frequently faced obstacles in obtaining necessary evidence.
INEC’s inconsistent participation in litigation was also flagged. While the Commission sometimes relied on the “presumption of regularity,” it also actively defended petitions and filed appeals, contributing to perceptions of partiality.
The report recommends a range of reforms, including simplifying procedures like frontloading of subpoenaed witness statements, revising the burden of proof for criminal allegations, clarifying the legal status of electronically transmitted results, and reducing the number of appeal levels to ensure timely resolution of election disputes before officials are sworn in.
It also calls for INEC to be held accountable for document production, proposes sanctions for disobeying court orders, and urges improvements in political party training for polling agents. The report advocates greater consistency in judicial rulings, improved legal interpretation, and stronger judicial accountability.
Chairman of the Senate Committee on Electoral Matters, Senator Sharafadeen Abiodun, welcomed the report’s findings.
“This report will not only offer a clearer path for reforming our legal system, but it will also help restore confidence in our electoral process,” he said. “I urge all stakeholders to continue in this important direction.”
The EU, through EU-SDGN, remains committed to fostering a pluralistic, inclusive, and representative democracy in Nigeria. This initiative directly supports that goal by contributing to evidence-based reforms in the country’s electoral and judicial systems.
