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Sunday, November 16, 2025

NBA advocates conclusion of election litigation before swearing-in of winners

The NBA stated that the aim would be to give enough time for the disposal of election litigations before swearing in the declared winners in any election.

• November 16, 2025
Nigerian election petitions tribunal
Nigerian election petitions tribunal

The Nigerian Bar Association (NBA), Akure branch, in Ondo State, has joined the growing calls for the conclusion of all election litigation matters before the swearing-in of winners.

The NBA made the call in a communiqué issued on Sunday by Onimisi Umar, chairman of the Akure branch, following the conclusion of the 2025 Law Week, themed “Nigeria: Quest for Utilitarian Judiciary and Role for Stakeholders.”

The National Assembly had proposed the conclusion of all election matters before the swearing-in of the winners. The proposed amendments aim to reduce the constitutional 180-day period for tribunal judgments to 90 days, while appellate and Supreme Court decisions will each take 60 days.

The NBA stated that the aim would be to give enough time for the disposal of election litigations before swearing in the declared winners in any election.

“It is suggested that election disputes should be resolved or determined before candidates are sworn into office,” the association said.

It also called on the judiciary not to be overburdened with election matters at the detriment of other regular matters and to reduce congestion in courts.

The association demanded limited judicial intervention in elections, with a greater emphasis on executive and legislative responsibility for electoral integrity, without compromising justice.

“It is also suggested that the legislature should enact clearer and less ambiguous laws to address practical challenges and reduce loopholes exploited by politicians,” it said. 

The NBA reiterated the call on the executive and legislative arms of government to ensure full autonomy for the judiciary in guaranteeing fair and impartial justice.

“The NBA Akure Branch reiterates that the judiciary is severely compromised by financial dependence on the executive, undermining its ability to function impartially and effectively. 

“The judiciary lacks fiscal autonomy, with the executive withholding up to 60 to 70 per cent of their budgets, causing serious operational shortfalls and causing the judiciary heads to constantly seek funds from the executive. 

“This is thus weakening independence and exposing judges to political pressure. It is high time that the judiciary be severed from the apron string of the executive,” the communique stated.

It called for the full implementation of the provisions of Section 121 (3) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). 

“The NBA Akure Branch has resolved to set up an ad hoc committee to interface with the judiciary and executive to ensure the full implementation of full judiciary autonomy in line with the constitution,” it said.

The communique also quoted the NBA branch calling for the need for full implementation of the Correctional Service Act, 2019, with a conscious effort by all stakeholders to rehabilitate and reintegrate ex-inmates into society.

The association advocated for the establishment of a department responsible for correctional reforms and policies, with a focus on funding, data collection, and proper monitoring of the rehabilitation and reintegration of ex-inmates. 

“The NBA Akure Branch advocates that more halfway houses should be established and well-funded by the Ondo State government to prepare ex-inmates to go back into society. 

“It is suggested that the Ondo State Government enter into public-private partnerships for the reintegration of ex-inmates into society.

“It is suggested that all stakeholders should synergise and collaborate to develop data systems to track correctional outcomes and reform policies to improve accountability and resource allocation in line with international best practices,” it said.

It called for training and retraining of all officers and personnel in correctional services. Also, it sought limited judicial intervention in elections by the executive and legislative arms.

“In addition, the NBA Akure Branch advocates for the need to embrace Alternative Dispute Resolution (ADR) as part of contracts and other commercial documents. Not every dispute should end in litigation,” it stated.

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