With the 2027 general elections approaching, the integrity of Nigeria’s judiciary is set to come under scrutiny as 375 judges prepare to adjudicate disputes that may arise from the polls.
The judges, nominated to serve on election petition tribunals across the country, were inaugurated on Monday, November 9, by the President of the Court of Appeal, Justice Monica Dongban-Mensem, at the Body of Benchers Complex in Abuja.
Their inauguration comes amid growing concerns over the credibility of the electoral process and the judiciary’s responsibility to ensure that disputes arising from the elections are resolved fairly, independently and in accordance with the law.
Of the 375 judges, 138 have previous experience in election petition tribunals, while 237 are participating in such proceedings for the first time.
The inauguration was followed by a three-day intensive workshop designed to familiarise the judges with the Electoral Act 2026, relevant practice directions and emerging judicial decisions on election-related disputes.
The training also focused on case management, evaluation of evidence, control of proceedings and the delivery of well-reasoned judgments within constitutionally prescribed timelines.
The Chief Justice of Nigeria (CJN) used the occasion to launch the second edition of the Judicial Electoral Manual, describing it as a resource to assist judicial officers in understanding relevant legal authorities and developments in electoral jurisprudence.
She, however, cautioned that the manual should serve only as a guide and must not replace independent judicial reasoning or the responsibility of judges to determine cases based on their facts, arguments and applicable laws.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, said the early inauguration of the judges demonstrated the judiciary’s commitment to ensuring that electoral disputes were handled promptly and competently.
He described election petition tribunals as indispensable to political stability and public confidence in the electoral process, noting that they provide a constitutional mechanism for the peaceful resolution of electoral grievances.
Fagbemi also highlighted significant changes introduced by the Electoral Act 2026, particularly restrictions on judicial intervention in internal party affairs and the grounds upon which election petitions can be instituted.
Section 83(5) of the Act excludes court jurisdiction over disputes concerning the internal affairs of political parties, while Section 83(6) provides sanctions for intra-party litigation.
The law also restricts interim and interlocutory injunctions in prohibited intra-party proceedings, provides for accelerated hearings and prescribes minimum costs of N10 million each against litigants and their lawyers.
Similarly, Section 138(1) limits election petitions to allegations of corrupt practices, substantial non-compliance with electoral provisions and failure to secure a majority of lawful votes.
The omission of candidate disqualification as an express post-election ground could shift disputes over candidates’ qualifications to pre-election proceedings.
According to Fagbemi, the effectiveness of the reforms would depend on enforcement by the Independent National Electoral Commission (INEC), compliance by political parties and judicial interpretation.
INEC Chairman, Prof. Joash Amupitan, SAN, said electoral litigation had become increasingly complex, extending beyond voting, counting and collation to issues involving voter accreditation, electronic transmission of results, technological failures, digital records and party primaries.
He specifically identified Section 60(3) of the Electoral Act 2026, which addresses electronic transmission of polling-unit results and the legal implications of communication failures, as a provision likely to feature prominently in future election petitions.
Amupitan noted that the deployment of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) had introduced new dimensions to electoral administration and litigation.
He said questions could arise over the authenticity, admissibility and evidential value of electronic records, their relationship with physical documents and the implications of technical disruptions.
The INEC chairman stressed the need for judges to distinguish between the generation of technological information, its statutory purpose and the legal standard required to establish a case before a tribunal.
The Chief Justice also warned against turning courtrooms into extensions of the political arena, insisting that election disputes must be determined strictly on the basis of pleadings, evidence and applicable laws.
Although INEC and the judiciary have separate but complementary constitutional responsibilities, public confidence in the 2027 elections will depend not only on how votes are cast and results declared but also on how subsequent disputes are resolved.
With 237 of the nominated judges new to election tribunal proceedings, expectations are high that the training will equip them to handle the legal and technological complexities of the forthcoming electoral disputes.
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