European Union (EU) Ambassador to Nigeria and the Economic Community of West Africa States (ECOWAS), Gautier Mignot, has stressed the need for Nigeria’s leaders to be elected through the ballot and not by court decision.
Mignot spoke yesterday in Abuja during the launch of a report titled “From Ballot to the Courts: Analysis of Election Petition Litigation from Nigeria’s 2023 General Elections” put together by the Policy and Legal Advocacy Centre (PLAC).
Represented by Ruben Alba, acting Head of Cooperation of the European Union Delegation to Nigeria and ECOWAS, Mignot noted that the phenomenon undermined the Independent National Electoral Commission (INEC) ability to conduct well organised elections due to logistical challenges, adding that contradictory decisions of courts posed a threat to election administration, making the exercise of INEC regulatory responsibilities extremely difficult.
According to him, democracy largely depends on its judicial system, maintaining that the judiciary must uphold its constitutional responsibilities and enhance the protection of democratic values and the rule of law.
“The critical role of the judiciary in Nigeria’s democratic process has been confirmed by various judgments with great impact on the country’s democratic process, the courts have, through several groundbreaking decisions, strengthened and deepened democracy in Nigeria.
“In other words, the role played by the judiciary in the electoral process has, no doubt, given rise to positive and crucial transformation in the development process of Nigeria, but we still have a lot to work on. It is also equally important to note that an effective judicial system is a collective responsibility, while the judiciary has a significant role to play in ensuring a timely, efficient and transparent dispensation of justice.
“Citizens must also remain inform of their rights as enshrined by the Constitution, and this is also to hold the system accountable with electoral judiciary, there needs to be adequate information that forces compliance with the free spirit of the legislation so that cases are not just dismissed based only on technicalities, the conflicted decisions in respect of the same set of facts is also weighing heavily on the quality of the country’s democratic experience and the trust of voters, and as it was mentioned before, leaders should be elected through the ballot and not by the courts.”
Earlier in his remarks, PLAC Executive Director, Clement Nwankwo, said the report offered 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.
