Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Former President Goodluck Jonathan has renewed his advocacy for sweeping changes to Nigeria’s electoral justice system, urging the National Assembly to review the current electoral litigation framework and establish a specialised Constitutional Court to adjudicate election‑related disputes. His remarks, delivered in Abuja during a political gathering, have sparked discussion among legal scholars, lawmakers, and civil society about the urgency of reforming how electoral cases are handled in the country.
Jonathan’s proposal focuses specifically on the way election disputes, particularly governorship and other high‑stakes political contests, are processed through the courts under Nigeria’s current system. At present, most electoral litigation follows a three‑tier trajectory that begins at election petition tribunals, moves to the Court of Appeal, and can culminate with a final appeal to the Supreme Court. The former president described this structure as ineffective, overly protracted and burdensome, especially in an era of intense political competition. He argued that the delays and procedural complexity inherent in the existing model have eroded public confidence and often left election disputes unresolved or inadequately addressed long after the ballots have been cast.
To illustrate the problem, Jonathan recalled past disputes involving governorship elections where technicalities delayed final rulings, creating uncertainty and tension among political actors and the electorate. While previous reforms have streamlined some processes, he contended that a dedicated Constitutional Court could more effectively consolidate jurisdiction and ensure rapid, specialised, and consistent adjudication of electoral matters.
Jonathan described the creation of a Constitutional Court, modelled on systems used in some other African countries, as a way to streamline electoral disputes into a single phase, ensuring consistent legal interpretation and avoiding the fragmentation of reasoning that often occurs when multiple courts handle separate layers of a dispute. Under his vision, a Constitutional Court would serve as the apex body for election disputes, cutting across the multi‑tiered approach currently in place and expediting finality in contested outcomes.
Jonathan’s call for reform is not limited to judicial restructuring alone. Over the years, he has been part of a broader conversation among political actors and civil society about strengthening Nigeria’s electoral institutions. His remarks reflect ongoing concern about fairness, neutrality, and accountability in the electoral process, particularly as Nigeria approaches future national elections.
Legal experts and constitutional scholars note that Jonathan’s proposal would require careful deliberation and likely constitutional amendment. Establishing a Constitutional Court with specialised jurisdiction over electoral matters would require rewriting parts of the constitution, a process demanding broad consensus in the National Assembly and ratification by two‑thirds of state legislatures. Proponents argue that such reform could foster deeper public trust in election outcomes, encourage more rapid resolution of disputes, and enhance Nigeria’s democratic stability. Critics, however, caution that merely restructuring judicial pathways will not resolve deeper political incentives for litigation unless the integrity of elections is also addressed.
Observers note that Nigeria’s multi‑tiered litigation framework was originally designed to allow for thorough review of electoral complaints, but recent trends of prolonged cases, inconsistent judgments, and strategic delays have eroded confidence for some stakeholders. A Constitutional Court, as envisioned by Jonathan, would require judges with specialised training in constitutional and electoral law, and ideally would be insulated from political pressures that can influence ordinary appellate courts.
Reactions to Jonathan’s proposal have been mixed among Nigeria’s legal community and political class. Civil society organisations advocating for electoral integrity have generally welcomed calls for reform, pointing to systemic weaknesses in the current litigation model that have left many petitions unresolved long after public attention has faded. Some legal commentators caution, however, that proposed changes must also address electoral administration, dispute timelines, and enforcement mechanisms, not just the structure of the courts. Reform advocates emphasise the need to ensure that election petitions are resolved before the swearing‑in of elected officials so that governance is not overshadowed by unresolved litigation.
Jonathan also appealed for the judiciary to be firm and impartial in adjudicating election cases, emphasising the role of judges as neutral arbiters rather than political actors. He compared political contests to competitive sports, where the fairness of referees determines whether the game is accepted as legitimate. His remarks underscored the view that political stability in Nigeria depends not only on fair balloting but also on a dispute resolution system that is trusted, efficient, and perceived as impartial.
As political stakeholders and lawmakers begin to react to ex‑President Jonathan’s appeal, the debate over electoral litigation reform is expected to intensify. Whether the National Assembly will act on the call to establish a Constitutional Court remains uncertain, but the conversation highlights ongoing concerns about creating a robust, fair, and effective legal framework for resolving electoral disputes in Africa’s largest democracy.
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