By Sade Adewale, Ondo,
Michael Ofulue Osogbo,
Victor Akinkuolie, Ado-Ekiti &
Kayode Olabanji, Okitipupa

Court cases arising from outcomes of elections have continued to increase in Nigeria since the country returned to democracy in 1999.

At every election cycle, candidates as well as their parties always have one reason or the other to approach the court to challenge the outcome of the election.

In most cases, the decisions of the various level of courts sitting on election matters have been very controversial, with electorate and politicians staging protests either in support or against such judgments.

Some stakeholders said based on court judgments, many democratically and genuinely elected leaders of the people have been robbed of their victories while the unpopular candidates are being declared winners of elections, on technical grounds.

They said INEC should be allowed to do its job, adding that judiciary that is supposed to be the last hope of common man has turned itself into Alpha and Omega for Nigeria democratic journey for 24 years down the line, consistently putting Nigeria on the edge of precipice

Stakeholders argued that allowing the court to decide who leads the people against their will and choice poses a big threat to the nation’s democracy.

Those who spoke include, former Chairman of the Nigerian Bar Association, Ondo chapter, Mr Thompson Akinyemi;  the Executive Director, Centre for Responsive Governance,  Dr Ayodeji Ologun; a legal practitioner and pubic affairs commentator, Bamidele Adeware and a political analyst, Elder Ayo Arogundade.

Other respondents are, a public affairs analyst and legal practitioner; Prince Lawson Akintokun; Director for Centre and Social Research, Comrade Wale Adebisi; General Overseer of Sufficient and Truth Ministry, Bishop Seun Adeoye and a social commentator, Gabriel Adelanke.

According to them, in a democracy, a winner is expected to emerge through voting where the electorate have the rights to exercise their franchise, noting that the current trend where governors and lawmakers are being removed by court fiats should be a source of concern.

They argued that Nigeria’s democracy would continue to be in serious jeopardy if citizens allow few individuals decide the fate of the electorate who consciously voted for a leader of their choice in an election.

According to them, the beauty of democracy is in the choice of the people, saying any other way of having leaders erodes the intention of democracy.

 Akinyemi, who emphasised that the problem is with the politicians and other actors in the electoral system, added that “the do or die politicians will never do anything according to the laws of the land but when the law courts are called upon to decide or do justice, it is then people will start shouting, as it is presently happening. 

“Imagine the guidelines and laws of conducting free and fair elections, but our politicians will still find a way to circumvent it in flagrant disregard to the rule of law. Even when the general elections come proper, brigandage, rigging and malpractices are the order of the day.

Dr Ologun said: “Our courts can’t continue to decide who leads us as a people. A few people can’t sit in their chambers or in the open courts and erode the will of the people based on technicalities or otherwise even though they are doing that which the Constitution allows and empowers them to do.

Also, Comrade Adebisi noted the current political situation in Nigeria is a clear indication of a total declining of democracy.

“The judiciary now has assumed the position of chief political executioners for the selfish and undemocratic political class to the extent that they replaced the INEC on election matters. It is quite unfortunate,” Adebisi added.

On his part, Bishop Adeoye explained that in 2010, the Appeal Court sitting in Ibadan removed the then Governor of Osun State, Prince Olagunsoye Oyinlola and installed Ogbeni Rauf Aregbesola as the winner of 2007 governorship election, adding the decision was shocking because the court nullified the results of 10 local governments out of 30.

“Incidentally, I and thousands of others queued and voted in one of the councils where the results were declared wasted. To every reasonable person, what the court ought to have done was to declare the election inconclusive by ordering rerun. The recent events where winners of elections were being removed by  courts via technicalities will definitely have negative effects on our democracy.

Adeware blamed the development on the lackadaisical attitude and sordid preparations of the INEC towards the conduct of elections in the country, pointing out that the electoral umpire has failed to perform its duties by not doing enough to conduct a free and fair election.

Also, Elder Arogundade, revealed that, “most of the problems are caused by politicians. They will want to do everything possible and ensure that they get into power, some times they will disobey the court order and ensure that they get into power by all possible means.

“It is very annoying allowing members of the judiciary to determine who will govern us, against the votes we have cast during an election. The person that would be declared winner by the court might not be the choice of the people, so this has to be changed, we need to put our house in order and ensure that we do everything perfectly, before going to an election.”

But Prince Akintokun, stated that our electoral body needs to improve generally in the area of conduct of election in Nigeria to ensure the votes of the masses count by adhering strictly to the Electoral and the extant laws.

Also speaking, Adelanke who observed that democracy is in jeopardy the way election victories are upturned at will, further said the solution to the problem is in the Justice Uwais’ Electoral Reforms Committee Report. “In the 49-page document, the committee recommended specifically on page 11, thus: No elected person should assume office until the case against him/her in the Tribunal or Court is disposed of. Unfortunately, the Government abandoned this all-important document, which would have been a true pathfinder for our electoral process.