Cynthia Mbamalu, the co-founder and Director of Programs Yiaga Africa has said that there is value in concluding election petitions before individuals are sworn in.
She said this on Monday during a Twitter space hosted by Civic Conversations (@CIVICOPlatform). The discussion centred around the topic “GO TO COURT!!! Election petitions; a futile exercise?”
It is a well-established fact that when a candidate subject to eligibility disputes swears an oath, it provides them with an unjust edge over their competitors.
Speaking further Cynthia said she believes election petitions are not a futile exercise and there is value in election litigation beyond the political process as it is also a human rights issue in a democracy.
Lessons from election petitions
It is essential to give individuals who have been wronged the opportunity to challenge election results, as emphasized by Ms. Cynthia.
“I also believe that there should be an opportunity for aggrieved parties who participated in the election to go to court and challenge the outcome of the elections or try to enforce their right if they believe that they did win the elections.
According to her, election litigation plays an important role, not just as a basic right, but also in enhancing our comprehension of legal frameworks and processes.
She said “If I look historically at elections litigations and benefits of the judgements so far, I look at it from two perspectives, first from the point of the decision from the courts in enforcing specific judgements relating to elections that have major malpractices and the role of the court in interpreting our laws and expanding on provisions of the law by identifying areas and opportunities for further legal reforms.
Fair and honest elections require nullification of results if cheating occurs. The true winner should be recognized.
“We’ve also had instances where the court had interpreted the law and given life to laws and we have had instances where the court provided better clarity on the legal framework in most times it may not work in the favour of the public.”
“There is value in election litigation and regardless of the value is the importance of the petition process beyond aggrieved parties trying to reclaim a win.
She said it also gives a period for healing for everyone and also a learning experience.
Speaking on the challenges she said “The part where it becomes a challenge is in the interpretation, the decisions of the court, some perceived misapplication of rules or a judgement that is not seen as the expected judgement.
She said, “Miscarriage of justice creates doubt and you know what they say, you can have 100 good eggs but 1 bad egg spoils the rest.”
Suggested reforms
She suggested alternative methods and reforms to enhance the influence of election petitions in Nigeria’s electoral system.
“When there are beneficiaries of a flawed system, reforms are not present and that is the challenge we have had consistently in electoral reforms.
“When it comes to electoral reforms in Nigeria, the reviews of the laws are done in the National Assembly which is made up of lawmakers from political parties with their own political interest.
“It also needs the assent of a president who also is from a party with political interest and that for me is one major challenge because when it comes to reforms, you first need the political will and if people have benefited from a flawed system, seeking for reform becomes a challenge.
“When reading the law, you identify the possible loopholes that can be easily manipulated because you know you are dealing with a system where institutions are independent on paper but in reality, are not really independent, it becomes a major bottleneck.
She said election litigation is tedious and a frustrating journey especially because of the documents you need and how much you need to prove.
“Post this election (2023 general election), there are major learnings. We do not have a perfect electoral Act. Sadly, we have this law passed last year, but looking at how it has played out, there are lots of opportunities for reform.
“There is value in concluding petitions before individuals are sworn in. It creates some sense of equal playing field.
“When someone is sworn in, whether we say there is no intimidation or not, the thing is, occupying the office of a chief executive in the case of the president, just the fact that it is the chief executive whose election is being challenged in court, already creates an unequal playing field for all contenders.
Another legal practitioner speaks
Speaking on other benefits that election petitions bring to democracy beyond changing election results, Malachy Odo a legal practitioner said it broadens our electoral jurisprudence.
“Some of the good things is that it broadens our electoral jurisprudence because most electoral reforms were born out of decisions of courts over time. One of the benefits of election petitions is it allows a party to vent an action.
Read also: Inibehe Effiong Unravels Election Petition Challenges
“If you participate in an election and a winner is declared. imagine If there are no election petitions, the consequences can be terrible.
“It is because of the fact that there is an election petition where parties will go and submit their cases if they are dissatisfied with the process, that is why you see that there is no chaos after elections. Mr Odo said.