A tribunal sitting led by Justice Yunusa Musa in the capital of Nigeria, Abuja, has annulled the November 16th, 2019 election of Duoye Diri of the People’s Democratic Party (PDP) as the Governor of Bayelsa state. Recall that in February, Mr Diri was sworn in as governor after the Supreme Court sacked David Lyon of the All Progressives Congress (APC) as governor-elect 24 hours before his inauguration.

Issues to Consider for Nigeria

• The tribunal asserted that a candidate of the Advanced Nigeria Democratic Party (ANDP), Lucky King-George, was excluded during the polls, hence nullifying the results of the elections. 
• The tribunal had previously dismissed three petitions challenging the victory of Mr Diri. The petitions had claimed the deputy-governor elect had forged school certificate and Declaration of age. The petitioners, however, failed to provide sufficient proof. 
• Currently, Nigeria has more than 21 bye-elections, 7 of which are governorship elections. 

Next Steps

The tribunal has mandated the Independent National Electoral Commission (INEC) in Bayelsa to conduct fresh polls in 90 days to fill the seat. In the absence of the governor, the Nigerian constitution mandates the Speaker of the House of Assembly in the state to assume a caretaker position till anther governor is elected.

Bottomline

Between 2011 and 2019, over 2,283 elections at different levels in the country ended up in petition tribunals.  In 2007, out of the 1496 number of offices contested for, 1299 went to petition tribunals. This makes the selection of leaders more dependent on court judgements than they do on votes cast. The constant cycle of bye-elections also reduces public trust in the electoral process, creates voter apathy and incurs more expenses on the already high cost of elections in Nigeria. Going forward, there is the need to carefully assess candidates who want to run for office before allowing them to do so. Time limits on petition and tribunal hearings can also be considered.

This story is part of our new series on Nigeria where we analyse electoral reform in the country ahead of the next general elections in 2023.