Senior Advocate of Nigeria (SAN), Yusuf Olaolu Ali, has called on the National Assembly to remove the judicial power to declare winners in election petitions, arguing that the practice undermines the democratic will of the electorate.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
Speaking on the ongoing review of the Electoral Act, Ali said the judiciary’s involvement in determining electoral outcomes has eroded public confidence and exposed courts to political criticism. He emphasized that when an election petition succeeds, the appropriate response should be to return the election to the voters for a fresh mandate rather than allowing judges to select a winner.
“The fundamental issue is that courts currently have the power to nullify elections and declare winners. This contradicts the principle of popular sovereignty,” Ali said. “When millions of people vote, three or five judges should not have the authority to set aside that decision. Elections should be rerun to reflect the will of the people.”
The SAN also criticized judicial interference in internal party matters, including candidate nominations, insisting that such practices have contributed to diminishing trust in the judiciary. He argued that political disputes within parties should be resolved internally or by voters switching allegiance, not by court orders imposing candidates.
Ali highlighted that insulating the judiciary from electoral processes would not only restore public trust but also reduce allegations of corruption against judges. He acknowledged that repeat elections may incur costs but maintained that safeguarding democratic legitimacy is worth the investment.
He further endorsed measures to improve transparency in elections, including mandatory electronic transmission of results, and advocated for the annulment of elections where discrepancies arise between transmitted and physical results.
The comments come amid the National Assembly’s public hearings on proposed amendments to the Electoral Act, ahead of the 2027 general elections. Proposals under consideration include setting time limits for petition resolutions, early conduct of elections, electronic result transmission, and penalties for political parties submitting false documents.
Ali described the ongoing reforms as timely and necessary to strengthen Nigeria’s democratic process and ensure that the electorate—not the courts—decides who governs the country.
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