Senior Advocate of Nigeria, Yusuf Olaolu Ali, has said courts declaring winners in election petitions erode the essence of democracy and undermine the sovereignty of the electorate.
Ali disclosed this in Ilorin while speaking on the ongoing move by the National Assembly to amend the Electoral Act.
He said the timing of the amendment was appropriate as Nigeria was gearing towards the 2027 general elections and a possible transition in the leadership of the Independent National Electoral Commission (INEC).
Ali said it was time for lawmakers to take a bold step to strengthen the democratic process by ensuring that the people, not the judiciary, determine who governs them.
According to him, if an election petition scales through in court, there should be a fresh election instead of allowing judges to declare any candidate winner.
He said most of the wrong public perceptions of the judiciary stem from its involvement in electoral disputes, where judges are often accused of determining political outcomes, adding that scenario has led to criticisms and suspicion of judicial integrity, which could have been avoided if courts were not empowered to announce winners in contentious elections.
“The most problematic issue in our electoral process is the power given to the courts and tribunals to declare winners after nullifying an election. Once a petition succeeds, it should go back to the electorate. That is the only way we can sustain the true spirit of democracy,” he said.
He suggested that the power of declaring a winner after judicial proceedings, as contained in Section 136 of the Electoral Act, should be expunged.
He argued that when judges overturn election results and impose candidates who were not elected by the people, it contradicts the democratic principle of popular sovereignty and exposes the judiciary to political manipulation.
He said: “When 25 million people have voted, three or five judges should not have the power to set aside their will and declare someone else the winner. That power should be removed, and the people should be allowed to vote again. You will be surprised that the number of election petitions will drop drastically once that is done.”
The Senior Advocate accused courts of interfering in internal political party matters such as nominations, saying the judiciary should stay away from deciding who emerges as a party candidate.
“If a political party decides to mistreat a member, such a person can leave for another party. The courts should not impose candidates on political parties. That is part of what has contributed to the loss of public confidence in the judiciary,” he added.
