Human rights lawyer, Femi Falana, has called for a major reduction in the role of the judiciary in Nigeria’s electoral process, arguing that courts should not determine who wins elections.
Falana made the call during an appearance on Arise Television’s Sunrise Daily, where he expressed concern about the judiciary’s preparedness to handle potential disputes arising from the 2027 general elections.
According to the lawyer, allowing courts to determine election winners undermines the choices made by voters and can make a mockery of the democratic process.
“There is no indication yet that the Nigerian judiciary is positioned to address some of the challenges that may emanate with respect to some of the elections likely to take place in January and February next year,” Falana said.
He argued that one of the key issues that must be addressed ahead of the 2027 elections is the judiciary’s involvement in electoral disputes.
“For me, the first matter to address is the role of the judiciary in the electoral process in Nigeria. We must stop the practice whereby the court determines the winners of the election in Nigeria,” he said.
Falana further warned that courts should not rely on technicalities to overturn or undermine the choices of voters who have legitimately elected their leaders.
He called on the Independent National Electoral Commission (INEC), the media and other stakeholders to ensure that elections are conducted transparently and without irregularities.
The lawyer cited the recent Osun governorship election as an example, expressing hope that the result would not end up in court because the electorate had already made its choice.
“We just had an election in Osun State. Forget all the shortcomings. At the end of the day, the beauty of it will be that the governorship election will not go to court because the people have decided; they have elected their leader,” he said.
Falana maintained that preventing disputes from reaching election tribunals and higher courts should begin with credible elections and accurate declaration of results.
He urged INEC and Nigerians to ensure that genuine results are announced, saying this would reduce the grounds for prolonged electoral litigation.
According to him, a properly conducted election would naturally limit the extent to which tribunals, regular courts and appellate courts become involved in determining electoral outcomes.
