Tribunal Judges Erred in Saying INEC is Not Bound to Transmit Elections Electronically – Adegboruwa
In an interview with THE PUNCH, Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, discussed the recent decisions of the presidential tribunal justices, particularly focusing on the issue of result transmission.
He noted that the tribunal’s judgments largely aligned with precedents set by the apex court, especially regarding nomination validity and the status of the Federal Capital Territory. Legal professionals closely monitoring the proceedings had anticipated these outcomes.
However, Adegboruwa expressed deep concern about the justices’ ruling on the conduct of the Independent National Electoral Commission (INEC). He believed that the justices missed a crucial opportunity to strengthen democracy by not holding INEC accountable for its failure to conduct electronic elections as mandated by law. He argued that INEC’s lack of a substantial reason for not conducting electronic elections should have been scrutinized by the justices. He stated, “By saying that INEC is not bound to transmit elections electronically we have gone back to the days of manipulation.”
Adegboruwa also highlighted that this decision undermined the electoral reforms brought about by the amended electoral act in 2022.
Regarding the burden of proof for petitioners challenging election results in Nigeria, Adegboruwa pointed out that it is exceptionally high. Petitioners must meticulously trace the electoral process down to every ward and polling unit, which becomes even more challenging when INEC does not cooperate. He emphasized that senior lawyers had foreseen the difficulties faced by petitioners in these cases.
When discussing reliance on evidence from INEC, Adegboruwa argued that it’s challenging for petitioners to solely depend on evidence provided by the election-conducting body. He proposed shifting the burden to INEC to prove the proper conduct of the election, rather than obliging petitioners to prove otherwise.
Regarding the prospects of the petitioners at the Supreme Court, Adegboruwa believed that the tribunal’s focus on legal points, rather than factual evidence, could have expedited the resolution. He also acknowledged the challenges in overturning the tribunal’s judgment, given previous Supreme Court decisions.
His advice extended to all democracy supporters, emphasizing the need to concentrate on INEC’s independence and restructuring to ensure free and fair elections. He called for the unbundling of INEC’s responsibilities and its independence from presidential influence to strengthen democracy in Nigeria.
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