PLAC Recommends Review Of Section 135(1) Of Electoral Act

Authorities in Nigeria will need to urgently carry out a review of Section 135 sub section 1 of the Electoral Act which requires that there must be substantial non-compliance with the provisions of the Act before an election is invalidated.

The review, according to a report by Election Observer group, Policy and legal advocacy centre PLAC, becomes necessary because 88.9% of the 895 Tribunal cases analyzed failed, while only 11.1% were successful and at the Court of Appeal, 79.4% of 588 election appeals failed, with only 20.9% succeeding, a trend which it says raises concerns about the effectiveness of the electoral dispute resolution system in Nigeria.

A cross section of critical stakeholders in Nigeria’s electoral process gathered in Abuja for the
launch of a report by Policy and legal advocacy centre, PLAC, titled, “From Ballot to the Courts: Analysis of Election Petition Litigation from Nigeria’s 2023 General Elections.”

The report offers a comprehensive analysis of the judgments delivered by the Election Petition Tribunals, the Court of Appeal, and the Supreme Court over petitions arising from the general elections held in February and March 2023, and it is to help provide evidence-based insight on the judgments of the Courts and Tribunals, as well as their interpretation and application of the provisions of the law.

It also examines the outcomes of election petition litigations, evaluating them against the backdrop of Nigeria’s legal framework, which include relevant provisions of the Nigeria Constitution and the Electoral Act, 2022 as amended.

One of the key recommendations of the report is the abridgement of timelines for pre-election matters and reducing the levels of appeal, with the aim of resolving disputes before the swearing-in of elected officers.

The Executive Director, Policy and Legal advocacy centre, PLAC, Clement Nwankwo expressed concerns about the growing surge in post-election litigations.

Chairman, Independent National Electoral Commission, INEC, Prof Mahmoud Yakubu reaffirmed the commission’s commitment to improving Nigeria’s electoral processes ahead of the 2027 general elections.

The report by PLAC further reveals that 88.9% of the 895 Tribunal cases analyzed failed, while only 11.1% were successful and at the Court of Appeal, 79.4% of 588 election appeals failed, with only 20.9% succeeding, a trend which the election observer group says, raises concerns about the effectiveness of the electoral dispute resolution system in Nigeria.

(Editor : Ena Agbanoma)