The growing role of the judiciary in determining the outcome of Nigerian elections has come under intense scrutiny, with prominent religious, legal and political figures warning that excessive dependence on election tribunals could weaken public confidence in democracy ahead of the 2027 general elections.
The warning featured prominently at the 22nd All Nigeria Editors Conference (ANEC), held in Enugu, where speakers called for electoral reforms, greater judicial accountability, an independent electoral commission and stronger media safeguards against misinformation.
The conference, organised by the Nigerian Guild of Editors (NGE), was themed “The Ballot, the Media and the Task of Keeping Democracy Alive,” with the sub-theme “When Lies Look Real: Detecting and Debunking AI Misinformation Before, During, and After Elections.”
Among those who raised concerns were Catholic Archbishop Emeritus of Abuja, John Cardinal Onaiyekan; former Nigerian Bar Association (NBA) President, Mazi Afam Osigwe, SAN; and political economist, Professor Patrick Utomi.
They warned that when election outcomes are repeatedly contested in court, the credibility of the ballot and the institutions responsible for conducting elections can come under serious strain.
The conference also featured contributions from NGE President and Vanguard Newspapers Editor, Eze Anaba; Minister of Information and National Orientation, Mohammed Idris, represented by News Agency of Nigeria (NAN) Managing Director, Ali M. Ali; and Enugu State Governor, Peter Mbah.
Other dignitaries included Jigawa State Governor Umar Namadi, the Obi of Onitsha, Igwe Alfred Achebe, former Ogun State Governor Olusegun Osoba, and other senior media, legal and political figures.
Onaiyekan: Elections Should Be Decided at the Polls, Not in Court
Delivering the keynote address, Onaiyekan expressed concern over what he described as the increasing tendency for Nigerian elections to be decided through litigation rather than at the ballot box.
He maintained that the judiciary was established to resolve disputes arising from elections and should not become the institution that effectively determines who wins political contests.
“The judiciary is supposed to be the last stage in the electoral process. It should be stressed that the judiciary is not to determine elections about who wins, but rather to adjudicate disputes when they arise,” he said.
The Cardinal argued that properly conducted elections should significantly reduce the need for prolonged legal battles, stressing that election tribunals were intended to serve as a safeguard in cases where disputes arise.
“If elections were well conducted, there ought not to be any need for judicial cases. The tribunals were supposed to be there just in case,” he said.
He lamented that Nigeria’s recent electoral experience had increasingly departed from that principle, with political contests frequently extending into the courtroom after results had been declared.
“Our experience in the recent past has almost become that we have been witnessing a situation where our elections are being determined not at the polls, but in the courts by the tribunals,” he said.
Onaiyekan also criticised what he described as the exploitation of legal technicalities in election disputes, warning that prolonged litigation could create opportunities for wealthy litigants to engage expensive legal teams in lengthy battles.
He further raised concerns over allegations of unjust judgments in some election tribunals, saying the perception of unfairness had damaged the public image of the judiciary.
“There are allegations that are difficult to deny of unjust judgments by some judges in election tribunals,” he said, adding that the judiciary’s performance in recent elections had “seriously dented the image of this hallowed institution.”
He called for deliberate efforts to restore public confidence in the courts, insisting that the credibility of the electoral process depended on the impartiality and integrity of the institutions responsible for resolving disputes.
Cardinal Proposes Sweeping Electoral Reforms
As part of his recommendations, Onaiyekan called for the establishment of a special election tribunal dedicated exclusively to electoral disputes, with a clearly defined timeframe for resolving petitions.
He argued that election-related cases should be concluded before elected officials are sworn into office, in order to prevent situations where declared winners use the resources of government to defend their electoral victories against challengers.
“More seriously, we must do all that is necessary to dispose of all tribunal cases before swearing in any candidate,” he said.
Questioning the fairness of allowing a declared winner to assume office while an election petition is pending, he said such an arrangement could create an imbalance between the parties involved in the dispute.
He also called for greater participation by ordinary voters in election litigation, arguing that citizens whose votes are at stake should have a meaningful opportunity to challenge alleged irregularities.
Under the existing framework, candidates are generally the principal parties entitled to challenge election results. However, Onaiyekan said the interests of voters should not be excluded from the legal process.
“We who cast the votes and whose votes are at stake have no room to complain. This must change,” he said.
The Cardinal also advocated a review of the process for appointing the leadership of the Independent National Electoral Commission (INEC), arguing that electoral officials must be protected from undue political influence.
He questioned the independence of an electoral commission whose leadership structure is closely connected to the executive arm of government, particularly when those in power may have an interest in the outcome of elections.
Onaiyekan further proposed that a presidential candidate should secure at least 50 per cent of the votes cast to be declared the winner, alongside broader electoral reforms and measures to strengthen INEC’s independence.
Despite his criticisms, he urged Nigerians not to abandon democracy because of the shortcomings of its institutions, arguing that the country’s democratic system could be strengthened through reforms and a renewed commitment to public accountability.
“The ultimate objective is to install a government that is freely chosen by the people and that works for the common good of the people,” he said.
He added that those who emerge as leaders must demonstrate honesty, commitment to the welfare of citizens and respect for the rule of law.
Osigwe Raises Alarm Over Growing Election Petitions
Supporting the concerns raised by Onaiyekan, former NBA President Osigwe said Nigeria had become one of the countries with a high number of election petitions, with the judiciary frequently called upon to determine electoral outcomes.
Speaking on the topic “Election Petition in the Digital Age: Independence, Evidence, BVAS,” Osigwe described the growing involvement of the courts in electoral contests as a major challenge to democratic accountability.
“I see that Nigeria is one of the countries with the highest number of election petitions, and all because the courts are very frequently involved in determining either the outcome or who won,” he said.
He recalled that the phenomenon had previously been described by a judge as the “judicialisation of the electoral process,” a situation in which disputes that should ordinarily be settled through credible electoral procedures increasingly end up in court.
Osigwe said the growing number of petitions raised questions about the conduct of elections, the accessibility of electoral evidence and the ability of petitioners to prove alleged violations within the time available to them.
He particularly questioned the treatment of evidence generated by electoral technology, including the Bimodal Voter Accreditation System (BVAS) and INEC’s Result Viewing Portal (IReV).
According to him, technologies introduced to improve transparency should not become obstacles for candidates seeking to establish whether electoral irregularities occurred.
He argued that IReV should receive meaningful recognition as evidence in election litigation, even if it is not treated as the primary record of election results.
Osigwe also expressed concern over the treatment of subpoenaed documents, especially where petitioners are unable to obtain crucial materials before filing their cases.
He questioned aspects of the legal framework governing compliance with INEC regulations and guidelines, arguing that electoral rules should carry meaningful consequences where violations undermine the credibility of an election.
The former NBA president said the central question should be whether a candidate could legitimately be declared the winner when serious questions remained about compliance with the rules governing the electoral process.
‘Go to Court’ Culture Raises Questions About Electoral Justice
Osigwe also criticised the familiar political expression, “Go to court,” frequently directed at candidates who dispute election results.
He questioned what such statements communicated about the public’s confidence in the electoral justice system, arguing that they could reinforce the impression that political actors were already aware of the difficulties confronting those seeking legal redress.
He further raised concerns about public perceptions of corruption in the judiciary, while making clear that he was not personally confirming allegations of bribery against judges.
According to him, the widespread perception that litigants might need to pay for favourable judicial outcomes was itself damaging to public confidence.
He warned that the judiciary’s role as the final avenue for resolving electoral disputes made public trust in its integrity particularly important.
Osigwe also highlighted concerns about the independence of INEC, including the process through which its officials are appointed.
He argued that when the electoral commission is perceived as lacking independence, doubts about election results can emerge even before disputes reach the courts, potentially increasing litigation and putting further pressure on the judiciary.
Anaba: Protect the Ballot to Reduce Court Battles
NGE President Eze Anaba said the credibility of elections must be protected to ensure that the courts do not have to replace voters in determining who represents them.
“The credibility of the ballot must be protected so that the courts do not have to replace the citizenry in determining who should represent the people,” he said.
Anaba stressed that voters could only make informed choices when they had access to credible information and were free from intimidation and undue influence.
He said the media’s responsibility extended well beyond election day, with editors expected to provide accurate information that would help citizens assess candidates, policies and government performance.
He urged newsrooms to guard against political propaganda and misinformation that could distort the electoral process and undermine the ability of citizens to make independent decisions.
AI Misinformation Emerges as New Threat Ahead of 2027
Meanwhile, the Minister of Information and National Orientation, Mohammed Idris, warned that artificial intelligence-generated misinformation was creating new challenges for Nigeria’s democratic process.
Represented by NAN Managing Director Ali M. Ali, the minister said advances in artificial intelligence had made it increasingly possible to produce convincing photographs, videos, audio recordings and documents depicting events that never occurred.
He warned that fabricated statements could be produced in the voices of public officials, while manipulated videos and old photographs could be circulated as evidence of recent events.
“A false statement can be produced in the voice of a public official. A fabricated video can be circulated within minutes. An old photograph can be presented as a current event,” Idris said.
He cautioned that the danger extended beyond citizens believing false information, warning that widespread misinformation could eventually erode public confidence in everything people see and hear.
The minister challenged editors to make verification an essential part of newsroom operations, urging journalists to establish the origins of information, independently verify sources and confirm the authenticity and timing of photographs and videos before publication.
He also emphasised the importance of distinguishing clearly between facts, allegations and opinions, warning against publishing politically attractive claims without establishing their accuracy.
“The job of a professional journalist is not to amplify every claim simply because it is politically attractive. The job is to establish what is true, provide context and allow citizens to make their own judgments,” he said.
Achebe Calls for Joint Media Rapid Response Desk
The Obi of Onitsha and chairman of the conference, Igwe Alfred Nnaemeka Achebe, also warned that AI-generated misinformation could distort the information upon which voters rely to make electoral decisions.
He said the technology could be used to fabricate the voices of governors and manipulate videos to place political candidates at events they never attended.
“A voice that sounds exactly like a governor can now say what he never said. A video can place a candidate where he never was,” Achebe said.
He expressed particular concern about the speed at which false information could spread through WhatsApp groups, family networks, town unions and community platforms.
Achebe urged journalists to place accuracy above the pressure to publish breaking news first, arguing that verification must become an instinctive part of professional journalism.
“The discipline of pausing to ask, ‘how do I know that this is true?’ must become as instinctive as the instinct to rush to publish used to be,” he said.
To address the challenge, he proposed the establishment of a joint Election Rapid Response Desk involving newsrooms, which would identify, verify and debunk viral falsehoods before they spread widely.
Using the ballot as a metaphor for the voice of the citizen and the media as the mirror through which citizens see the world, Achebe warned that misinformation could undermine the integrity of electoral choices.
“When the mirror is cracked, or worse, deliberately distorted, the citizen no longer votes from truth, but votes from illusion,” he said.
Utomi Warns of Institutional Breakdown
Political economist Professor Patrick Utomi warned that weaknesses in Nigeria’s electoral system could have consequences far beyond disputed election results, potentially undermining the stability of the country.
He described credible elections as essential to legitimising government and building strong institutions, arguing that elections that fail to inspire public confidence risk becoming an expensive exercise with little democratic value.
“If the people are convinced that there is no point, what is an election? Imagine the amount of money we waste to have elections that are totally meaningless because they do not legitimise anybody,” he said.
Utomi argued that strong institutions were necessary to establish predictable rules, reduce uncertainty and support economic activity.
He warned that the normalisation of abnormal practices could increase the cost of doing business and weaken citizens’ confidence in legitimate avenues for resolving grievances.
“What has happened to us, unfortunately, is because the abnormal has become so accepted that the transaction costs of engaging in Nigeria are such that we are only heading in one direction — ultimate collapse,” he said.
He urged the media to play a central role in preventing institutional decay by holding public officials accountable and helping citizens understand the implications of developments affecting the country.
Mbah Challenges Media to Uphold Investigative Journalism
In his remarks, Enugu State Governor Peter Mbah urged Nigerian journalists to strengthen investigative reporting and establish facts amid the growing threat of AI-generated misinformation.
He said the media and government might have different responsibilities but ultimately shared a duty to serve the Nigerian people.
Describing the conference as a temporary “ceasefire” between government and the press, Mbah stressed that government must be transparent and accountable, while journalists must remain committed to establishing the truth.
“Government must be transparent about what it is doing and be accountable for the results. The press must establish the facts and report the truth,” he said.
The governor cautioned against allowing investigative journalism to become a lost art, urging editors to focus on issues of genuine public importance rather than information that merely generates attention.
He also warned that journalism should not become a tool for confirming predetermined political positions or promoting political grandstanding.
“Rigorous journalism is not about finding evidence to support a position already taken, nor should it become another arena for political grandstanding,” he said.
Mbah used the occasion to highlight his administration’s development agenda, stating that Enugu was working towards becoming an economic gateway for the South-East, one of Nigeria’s top three states by gross domestic product and a national leader in human development and quality of life.
He listed more than 1,500 kilometres of roads constructed or reconstructed, over 7,000 classrooms delivered, Smart Green Schools and Type-2 primary healthcare centres across the state’s 260 electoral wards.
Other projects cited by the governor included the restoration of water supply in Enugu metropolis, new transport terminals, compressed natural gas buses, the revival of dormant industries, the operations of Enugu Air and the development of Enugu Smart City.
He also acknowledged collaboration with President Bola Tinubu and the Federal Government, particularly in areas of roads, aviation, energy and regional development.
Mbah said the concessioning of Akanu Ibiam International Airport would further strengthen Enugu’s position as a gateway to the South-East.
However, he acknowledged that much work remained to be done, challenging the visiting editors to go beyond official claims and independently assess the progress of development projects across the state.
2027 Elections Put Institutions and Media Under Spotlight
With the 2027 general elections approaching, the discussions at the conference highlighted the importance of restoring public confidence in Nigeria’s electoral institutions and strengthening the systems responsible for conducting and adjudicating elections.
The speakers’ interventions pointed to several interconnected challenges, including the growing role of election tribunals, concerns about the independence of INEC, access to reliable electoral evidence and the increasing threat of digital misinformation.
While the conference did not present a single solution to these challenges, the calls for reform underscored the need for credible electoral procedures, accessible justice and independent journalism.
For the editors gathered in Enugu, the challenge ahead is not simply to report the next election, but to ensure that citizens have access to accurate information, can scrutinise those seeking public office and are able to make their choices without manipulation.
The central message emerging from the conference was that the legitimacy of Nigeria’s next government will depend not only on the votes cast, but also on the credibility of the institutions that count them, the courts that resolve disputes and the media that report the process.
