IJAP affirms INEC Chairman’s call for end to courtroom elections

…. Reiterate urgent reform agenda

The Independent Judicial Accountability Panel (IJAP), led by Hon. Justice Adekunle Owoade (Rtd) has commendsed the recent proactive statements made by the new Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, SAN, regarding the need to end the era of endless court battles over election results.

IJAP noted that Professor Amupitan’s emphasis on the necessity for robust legal frameworks, genuine internal democracy within political parties, and his challenge that “Elections must be won at the polling units, not in the courtroom,” is a welcome and highly encouraging statement, stressing that this commitment perfectly aligns with the extensive recommendations developed through its rigorous analysis of post-election justice delivery in Nigeria.

A statement on Wednesday said IJAP’s position, articulated during its 3rd session (September 30 – October 3, 2025), is clear: the current fragility of our electoral process is deeply rooted in the lack of consistency with legal principles of fairness, equity, and compliance with the electoral legal framework.

“We strongly urge the new INEC leadership to immediately prioritise the following critical recommendations made by the Technical Working Group of the Citizens’ Led Engagement on Judicial Accountability in Post-Election Justice Delivery in Nigeria (CLEAP – Justice):

“Pre-election matters should be determined before the election to ensure fairness, prevent multiplicity of actions and enhance election administration.

“The levels of redress for pre-election matters should be reviewed as follows: House of Representatives, Senate, and Governorship elections should have two steps/levels ending at the Court of Appeal, while Presidential pre-election matters should start from Court of Appeal and end at the Supreme Court.

“Primaries not conducted in adherence to INEC regulations & guidelines should be invalidated. Stringent rules and sanctions should determine elevated electoral crimes, and parties should be prohibited from holding public office for five years in case of disqualification.

“INEC Regulations should be separated from the guidelines and gazetted.

“The punishment for electoral offences in the Electoral Act, 2022 (Electoral Act) should be revised to elevate serious offences to a level that disqualifies the political parties and/or candidates from elections.”

IJAP also acknowledged that several bills currently before the House of Representatives Committee on Constitutional Review align with the panel’s reform objectives, demonstrating legislative interest in addressing electoral flaws.

It added that notably, while some progress is reflected in the proposed Electoral Bill 2025, specifically the increase in fines for certain electoral offences, IJAP maintained that this measure is insufficient. The panel strongly reiterated its demand that any revised laws must include the automatic disqualification of candidates and political parties found guilty of serious electoral offences. IJAP emphasized that mere fines are inadequate as a deterrent, especially against deep-pocketed political actors, and that only the threat of direct exclusion can restore integrity to the electoral process.”

IJAP, also in the statement signed by Hon. Justice Adekunle Owoade (rtd), said: “Our independent assessment shows that one key to ending courtroom elections is that INEC should not be a statutory party in election petitions. Professor Amupitan has the unique opportunity to leverage the judiciary’s expertise, as envisioned by IJAP, to institutionalize these reforms. This is the moment for INEC to act decisively and cement its position as a truly independent umpire, safeguarding the will of the people expressed at the polling unit, not the whims of lawyers in the courtroom.”