Judiciary interference undermining Electoral Act implementation — SAN

A Senior Advocate of Nigeria, Abiodun Olatunji, has said that while Nigeria’s Electoral Act is comprehensive and addresses past flaws, its effective implementation remains threatened by interference in the judiciary.

Olatunji, a lawyer, stated this while speaking with newsmen in Ibadan on Friday, May 1, on the sidelines of the May Day annual lecture of the Silver Knights, a club of elites and accomplished professionals.

He noted that the current electoral law was designed to correct lapses observed in previous elections, particularly with provisions such as the electronic transmission of results.

According to him, “the Electoral Act is all-encompassing. What the law has done basically is to consider the flaws in the previous electoral laws and then put all these flaws into correction by enacting the current law that we have. With the current amendment, especially the transmission of results, it is going to really help us and has erased all the doubts.”

He, however, stressed that the major challenge lies not in the law itself but in its execution and interpretation, particularly by the judiciary.

“All over the world, what matters is the execution of the law, but for us in this country, the issue is the interpretation. That is where we need to talk about the judiciary, the third arm of government. That’s where the major problem is,” he said.

Olatunji alleged that the executive arm exerts undue influence on the judiciary, thereby affecting its independence and the quality of judgments delivered by courts.

“The executive is overstretching the judiciary to do their work. There is so much influence and interference. As of today, we don’t have a fully independent judiciary. There is no financial independence, and the judiciary still goes cap in hand before the executive for financial autonomy. That gives the executive the opportunity to interfere in its affairs, which ultimately reflects in court judgments,” he stated.

He further argued that judicial appointments should be removed from the control of the executive and vested in an independent body to ensure neutrality.

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“Once the appointment of judges is taken out of the hands of the executive and left to a truly independent body, we can have non-partisan judges and a more credible judiciary. We have courageous judges on the bench today, but when their careers can be threatened by politicians for not doing their bidding, it becomes a serious concern,” he added.

The senior lawyer described the situation as unfortunate, expressing optimism that genuine judicial independence would enhance electoral credibility.

He also cited poor remuneration of judicial officers as a factor that could expose the system to compromise.

“I did a write-up in 2024 on how to ensure the independence of the judiciary. During my research, I discovered that the salary of a Supreme Court judge in the United States in 1968 is comparable to what a Nigerian judge earns in 2024. Until the current administration came on board, a Supreme Court judge here earned less than $1,000 monthly.

“So how do you ensure fairness and incorruptibility when those basic conditions are absent? There is no justification for corruption, but the system encourages it,” he said.

Olatunji expressed confidence that with a truly independent judiciary, the Electoral Act would be properly implemented and interpreted, thereby strengthening Nigeria’s democratic process.