Opposition, CSOs Question FG’s ₦135 Billion Post-Election Litigation Budget

Opposition parties and civil society stakeholders have raised concerns over the ₦135.22 billion allocation for electoral adjudication and post-election matters in the Federal Government’s 2026 budget proposal, questioning the transparency and justification for the expenditure.

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The Peoples Democratic Party (PDP) and the African Democratic Congress (ADC), alongside legal and civil society voices, warned that the provision could signal expectations of widespread electoral disputes ahead of the 2027 general elections.

The National Publicity Secretary of the PDP, Ini Ememobong, in an interview with Punch, said the allocation raises concerns about the credibility of Nigeria’s electoral system.

According to him, such a large budget for post-election litigation suggests that the electoral process may not be sufficiently transparent.

“It means that INEC itself is anticipating that it will not do well and that people will not accept the outcome of the results,” Ememobong said.

He added that if the electoral commission conducts transparent elections, the number of legal disputes would be drastically reduced.

“Because if INEC becomes very transparent, post-election litigation will be reduced drastically. It is the lack of transparency and the obvious opacity of INEC during elections that result in post-election litigation,” he stated.

Ememobong also questioned the need for extensive legal funding, noting that the electoral body already has internal legal resources.

“INEC, in every election, is meant to be neutral. So I am wondering what they are funding,” he said.

He further advised stakeholders to prioritise the protection of Nigeria’s democracy ahead of political interests.

Ememobong added, “My advice is that the APC-led Federal Government, INEC, and everyone involved in the 2027 elections should take a step back to ensure we protect the country and democracy before talking about elections and partisanship.”

ADC Raises Concerns Over Size Of Allocation

The ADC National Publicity Secretary, Bolaji Abdullahi, acknowledged that it is normal for the electoral body to prepare for post-election litigation but questioned the size of the proposed budget.

He said while election-related lawsuits are common, the ₦135 billion provision appears excessive, especially if the elections are conducted transparently.

According to Abdullahi, if elections are credible, the number of legal disputes should be minimal.

He warned that although preparing for litigation is understandable, the scale of the allocation raises serious concerns about accountability and the number of cases expected.

Utomi Questions FG Role In Election Litigation

Political economist Prof. Pat Utomi also criticised the budgetary provision, arguing that elections are contested by individual candidates rather than the government.

“It is not the Federal Government that goes to elections, it is the individual candidates, so why should the Federal Government have a budget for it? They should not,” he said.

Utomi added that if the provision is meant for the Independent National Electoral Commission (INEC), it should be included in the commission’s own budget.

“If the budget is for INEC, then it should be in the INEC budget, not the FG’s budget. Although the budget process in Nigeria is broken and has been a pure mess,” he added.

Falana Describes Allocation As Excessive

Human rights lawyer Femi Falana (SAN) also criticised the proposed expenditure, describing it as excessive and unjustifiable.

“It is on the very high side,” Falana said, noting that INEC already has a legal department serving its offices across the country.

According to him, the commission usually pays no more than ₦3 million per legal brief, even to senior advocates.

“In 2023, INEC was joined as a party in less than 3,500 pre-election cases, election petitions, and appeals arising from them,” he said.

Falana added that recent legal developments could further reduce election-related litigation.

“With the ouster of the jurisdiction of the courts in the internal affairs of political parties, the number of pre-election cases will be substantially reduced,” he said.

He maintained that overall spending on election litigation should be significantly lower.

“Altogether, INEC may not spend up to ₦20 billion on election legal battles,” Falana said.