Atiku says Nigerian leaders must be decided by voters, not judges

Former Vice President Atiku Abubakar has raised fresh concerns about the future of Nigeria’s democracy, insisting that the will of the people must not be replaced by judicial decisions.

He urged for urgent reforms to both the electoral system and the judiciary to restore faith in the democratic process.

In a statement issued on Thursday, Atiku commended Nigerians for turning out massively for the ongoing Continuous Voter Registration (CVR). However, he lamented that the enthusiasm has not translated into actual participation during elections.

“At the 2023 elections, only 24.9 million Nigerians, representing 26.72 per cent of the 93.47 million registered voters, cast their ballots,” Atiku said. “This is the lowest voter turnout since the return of democracy in 1999.”

He argued that rebuilding voter confidence requires urgent amendments to the Electoral Act, particularly in ensuring transparency and eliminating loopholes.

“The collation of results must strictly be based on figures uploaded on the INEC Results Viewing Portal rather than manual collation,” Atiku insisted.

He further demanded that the use of the Bimodal Voter Accreditation System (BVAS) and electronic transmission of results be made mandatory at all levels, without exceptions for manual alternatives.

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On the credibility of election management, the former Vice President proposed reforms to the appointment of Independent National Electoral Commission (INEC) leadership. According to him, the process should no longer depend solely on presidential nominations.

He stressed: “The appointment of INEC leadership should be determined through a voting system, not solely by presidential nomination, to ensure credibility.”

Atiku also urged that the burden of proof in election petitions be shifted away from petitioners. Instead, he said, it should be INEC’s responsibility to demonstrate that it complied fully with the law.

Citing legal expert Prof. Chidi Odinkalu, Atiku warned of the dangers of allowing judges to decide the legitimacy of Nigeria’s leaders. He referenced Odinkalu’s book The Selectorate: When Judges Topple the People, which raised concerns about courts being the ultimate arbiters of electoral outcomes.

“The task ahead is to ensure that Nigerians freely choose their leaders at the ballot box without fear that their mandate will be overturned in court,” Atiku declared.

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