It is imperative that the role of INEC in elections is thoroughly re-examined to address the issue of prolonged election petition procedures and guarantee speedy resolutions, as stated by human rights lawyer Inibehe Effiong.
On Monday, he unequivocally made a statement during the Twitter Space event, which was hosted by Civic Conversations (CIVICOPlatform).
The thought-provoking discussion centred around the topic “GO TO COURT!!! Election petitions; a futile exercise?”
Drawing upon his legal expertise, Effiong illuminated the intricate interplay between the burden of proof, legal precedent, and the nuanced landscape of election petition cases in Nigeria.
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Insights from the Twitter space and what Mr Effiong said
Mr Effiong delved into the challenges faced by petitioners contending with extended timelines and shared his insights on potential solutions.
He said a key concern voiced by petitioners over the years revolves around the expectation for them to prove their case under what he described as an impracticable burden of proof.
While emphasising a prevailing perception within the Judiciary that precedents demand political parties and aggrieved candidates to establish their case based on a standard that can often be difficult to meet.
He also spoke on the “Presumption of Regularity,” whereby the actions of INEC are presumed to be regular.
Mr Effiong noted that this presumption, particularly regarding election results declared by INEC, impacts the petitioner’s ability to challenge the outcome effectively.
Inibehe Effiong illustrated the complexity by referencing the Peter Obi and Atiku petition, stating that obtaining witnesses from a significant portion of polling units across the country proved practically impossible.
He questioned the feasibility of presenting evidence on a polling unit-by-polling unit basis as required by the court.
He also emphasised the strategic advantage of respondents in election petition cases pointing out that any lawyer with experience in such cases would affirm that being on the respondent’s side is the preferable position.
Highlighting Section 285 of the Nigerian Constitution which sets a 180-day limit for petition conclusions, Effiong clarified that the responsibility lies not solely on the petitioner to prove their case but on the entirety of the proceedings.
He emphasised the principle that the burden of proof rests on the accuser, not the accused.
Effiong noted that election petition rules tend to differ from general legal procedures, suggesting that a re-evaluation of established precedents is necessary.
He called for acknowledgement from the courts and urged a re-examination of pivotal decisions, including those from past decades, such as the Shagari and Awolowo cases.
Also, He revealed instances of election nullification, particularly involving the removal of incumbents, often revolve around pre-election matters like candidate nominations and fraudulent document submissions.
He said cases directly challenging the election outcome itself remain relatively rare.
In closing, Inibehe Effiong advocated for adherence to the 2022 Electoral Act, which he believed could potentially reshape the framework for determining the outcomes of electoral petitions.
He expressed hope that a paradigm shift in the approach to electoral petitions could lead to more efficient and just resolutions.
Effiong also highlights the pressing need for a more streamlined and effective process to address election petitions, ultimately contributing to a fairer electoral system in Nigeria.
About CIVICO
The Twitter Space discussion by CIVICO platform, a citizen engagement and enlightenment capstone project group. A non-partisan platform which focuses on dynamic civic enlightenment and engagement to foster citizens’ democratic participation.
It’s implemented by the 2023 cohort of students of the School of Policy, Politics and Governance. A school founded by Dr Oby Ezekwesili a former Nigerian minister of Education and former World Bank Vice President.