An Ilorin-based constitutional lawyer, Professor Yusuf Olaolu Ali (SAN), has urged the National Assembly to urgently amend Section 136 of the Electoral Act, which empowers election tribunals and courts to declare candidates as winners in election petitions.
Ali, who is also the Kuliya Ngeri of Ilorin, described the provision as “undemocratic,” arguing that it allows a few judges to override the will of millions of voters.
Speaking with journalists in Ilorin on Tuesday during the public hearing on the amendment of the Electoral Act, the senior advocate said it was an aberration that “five or ten million votes of the electorate” could be overturned by just three judges.
“We should not give the franchise of five million or ten million votes to just three people to upturn and make a declaration,” Ali said. “The National Assembly must amend that section to protect democratic governance and the sanctity of our elections.”
He argued that election disputes should be resolved by returning to the electorate for fresh polls rather than allowing courts or tribunals to declare winners. According to him, this would restore public confidence in the electoral process and reduce the volume of post-election litigation.
Ali noted that widespread negative perceptions about Nigeria’s judiciary stem largely from its involvement in electoral matters.
“Most adverse comments about our courts are due to their role in electoral disputes. We must not only treat the symptoms but also the disease,” he stated.
The legal scholar faulted the current practice under Section 136 of the Electoral Act, which allows courts to declare the runner-up as winner if the original winner is disqualified. He said this has created room for manipulation and “arithmetic politics” in election petitions.
“We have several instances where those who came second or even third have been declared governors. That’s not democracy,” Ali maintained.
He proposed that once an election petition succeeds, a rerun should be conducted instead of the court imposing a new winner.
Ali also called for an amendment to provisions that permit judicial interference in the internal affairs of political parties, insisting that such issues should be left for parties to handle internally.
“If a political party maltreats you, you can leave and join another one. The court should not interfere,” he said.
Defending the potential cost implications of fresh elections, Ali said no price was too high to safeguard Nigeria’s democracy.
“If we must spend money to strengthen democracy, so be it. What matters is building a credible and fair system,” he concluded.
