To build a truly democratic society, we recommend key reforms in three areas: INEC appointments, litigation timelines, and electoral offence prosecution.
First, the process of appointing the INEC Chairman and Commissioners must be reviewed to remove presidential involvement, eliminating the perception of bias. The appointment should instead be handled by a neutral consortium of Civil Society Organizations, the National Judicial Council (NJC), professional bodies (such as the NBA and NANS), and untainted elder statesmen representing the six geopolitical zones.
Second, political parties must uphold internal democracy to reduce the volume of pre-election cases. If a party cannot guarantee a fair primary, the law should allow aggrieved candidates to run as independent candidates (similar to Section 37(2) of the 1979 Constitution), subject to INEC approval. This would decongest courtrooms. For post-election cases, a fast-tracked judicial system must be established to resolve all petitions before the official swearing-in date, preventing long legal battles that eat into public terms.
Finally, we recommend the complete unbundling of INEC and the creation of an Independent Electoral Offences Commission. This body would be staffed with specialized, non-partisan investigators and prosecutors, and equipped to set up mobile courts to try infractions in real-time on election days, ending the culture of impunity.
