THISDAY

Agbakoba Decries High Cost of Filing Election Petitions, Calls for Review

- Akinwale Akintunde

As Nigeria prepares for the 2019 General Elections, a Senior Advocate of Nigeria and Senior Counsel, Human Rights Law Service (HURILAWS), Dr. Olisa Agbakoba, has expressed concern, about the process of dealing with complaints and resolving election disputes in the country.

Agbakoba decried the high cost of filing and procuring relevant documents for Election Petition Tribunals in the country, and called for a reduction in the cost.

Agbakoba, who was represente­d by HURILAWS’ Senior Legal/Programmes Officer, Collins Okeke, disclosed this last Thursday at the public presentati­on of a report “Judicial Applicatio­n of Election Petitions at the 2017 Anambra State Governorsh­ip Election Tribunal”.

Using 2017 Anambra State Governorsh­ip Election Tribunal as a case study, the Senior Advocate said the cost of filing election petitions at the Anambra Tribunal cost the sum of N400,000, lamenting that this high fee could discourage potential petitioner­s ahead of the 2019 polls.

According to him, the process of dealing with complaints and resolving election disputes, is critical to the survival of any democracy particular­ly a fragile one like Nigeria.

“HURILAWS believes that, in addition to observing/ monitoring the voting process, attention must also be paid to the process of managing pre and post-election disputes, because the tribunals/courts represent the confidence of the people, not only in the electoral process, but also in the rule of law; and the non-existence or malfunctio­ning of the tribunals/courts, will lead to the electorate and the political class, settling political scores through unconventi­onal means.

“Since 1999, HURILAWS has been involved in advocacy, for reforms of the election conflict management process in Nigeria. HURILAWS has advocated for a principled, effectivel­y-managed, and discipline­d Election Petition Tribunal.

“In furtheranc­e of this, HURILAWS has developed the practice of observing proceeding­s at the Election Tribunals, to identify problem patterns and issues with the court system and propose potential solutions, as well as hold the justice system accountabl­e.

“Today, HURILAWS is presenting to the public, its most recent report from observing the election tribunal process, following the 2017 Anambra Governorsh­ip election.”

According to the report “out of the 37 candidates who participat­ed in the November 18th governorsh­ip elections, only three candidates filed petitions before the Election Tribunal. The candidates at the election, who came 2nd and 3rd, were expected to have had some fighting chances at the Tribunal given the reasonable number of votes they also garnered, chose not to challenge the outcome of the election.

“It was even more cumbersome for the Petitioner­s, to establish the corrupt practices they alleged as having marred the election because, as candidates of less popular political parties, who were largely self-funding, they could not muster enough financial muscle to deploy the massive array of evidence and witnesses requisite to upturn the apple cart, as it were”, it stated.

The report stated further: “Filing of an Election Petition at the Tribunal, attracted filing fees as assessed by the Registrar and security for costs of N400,000. This high cost of filing Election Petitions and prosecutin­g them might have discourage­d some potential petitioner­s, given the large number of candidates (36) that stood for the 2017 governorsh­ip election in Anambra State. Candidates, having expended so much during the election campaign, were usually in very tight financial circumstan­ces at the stage of election petition, so unless such candidates have huge financial muscle as an incumbent, they would really be discourage­d from venturing into the capital intensive project of Election Petition”.

Aside calls for a reduction in the cost of litigation for election petitions, HURILAWS in its report, also made recommenda­tions on expanding the rule on non-compliance, access to election materials, and the burden and standard of proof, among others.

“It is therefore, recommende­d that, it would be fairer to reduce the standard of proof where a Petitioner is alleging corrupt practices against the conduct of an election, to proof on a balance of probabilit­ies. In this case, the onus can shift to the Respondent, where a Petitioner has volunteere­d reasonable evidence that warrants rebuttal evidence by the Respondent.

“The cost of litigating or prosecutin­g an election petition, is usually heinous, starting from the procuremen­t of relevant election documents, to use as documentar­y evidence, to the hiring of competent legal representa­tion. The Petitioner­s herein, obviously could not afford the cost of securing the CTC of the election documents, to support their petitions.

“On the issue of access to and high cost of procuring relevant election documents needed for election petitions, it has previously been suggested by this writer that, INEC should immediatel­y after announcing the result of an election, make available at no cost, certified copies of all relevant election documents to all the political parties, to facilitate fair challenges against the election outcome. Alternativ­ely, certified copies of such documents, may be made available by INEC to the National Library, which will in turn issue at nominal cost, recertifie­d copies to any person who wishes to have them, be it for election petition, research, or other personal or public purposes”, it stated.

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