A retired Justice of the Court of Appeal, Professor Mojeed Owoade, has proposed the adoption of a one-time final adjudication system for election petitions in Nigeria.
Professor Owoade emphasized the need for structural and procedural reforms to the Constitution and Electoral Laws, which would not only reduce the burden on the courts but also save costs and enhance the quality of resolving election disputes.
He called for the termination of election petitions at the Tribunal level once they are adjudicated, with serving Justices of the Supreme Court, Court of Appeal, and Judges of High Courts having sole responsibility for handling election petition matters.
During the National Convergence on Citizens’ Led Engagement on Judicial Accountability in Post Election Justice Delivery, organized by the civil society organization ActionAid, Professor Owoade presented his recommendations:
“For Presidential Election Petitions, a 7-member panel consisting of three serving Justices of the Supreme Court, two Justices of the Court of Appeal, and two High Court Judges.
“Governorship Election Petitions should be resolved by a 5-member panel of judicial officers, including two Supreme Court Justices, two Court of Appeal Justices, and a High Court Judge.
“Senate petitions should be handled by a panel comprising three Justices of the Court of Appeal and two High Court Judges.
“House of Representatives election petitions should be adjudicated by a panel of two Court of Appeal Justices and three High Court Judges.”
Professor Owoade’s recommendations include the elimination of all systems of appeals in the adjudication of pre-election and election matters.
He also added that the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, in consultation with three to four serving Chief Judges, should appoint members of Election Petition Tribunals.
He highlighted the importance of retaining serving judicial officers rather than retired ones to ensure continued oversight by the National Judicial Council and maintain fairness and efficiency in election adjudication.
Professor Owoade stressed that the principle of free and fair elections is closely tied to a non-partisan and truly independent judiciary with individuals of integrity and expertise to uphold the rule of law.
