The judiciary is getting too much leeway in deciding the outcome of elections
In climes where politics is played according to the rules, the resort to the courts before, during and after every election is usually minimal. The opposite is the case in Nigeria where the judicial process has almost become a political tool for all manner of shenanigans, especially during election seasons. Yet the growing pattern by which those who seek power now prefer judicial ambush to campaigning for votes on the basis of programmes should concern all critical stakeholders.
Without prejudice to whatever may be the merit of the cases involving the ownership/leadership of the main opposition African Democratic Congress (ADC) in two Federal High Courts, the insinuations arising from recent judgements are, to put it mildly, unhelpful for democracy and the rule of law in Nigeria.
To be sure, the judiciary has the sacred role of interpreting laws and deciding on the rights, responsibilities and liabilities of parties to a dispute, including matters affecting political parties and elections. But the frequent resort to the courts by politicians is not only impacting negatively on our democracy but also affecting the quality of judgments as many are compromised in the process. In some cases, the rules of procedure of the courts are thrown overboard to achieve some predetermined end. That perhaps accounts for why many of the politicians no longer bother with the electorate.
In a recent intervention, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, warned Judges against forum shopping, concealment of related proceedings and attempts to obtain conflicting orders ahead of the 2027 general election. “The integrity of judicial proceedings must not be compromised by competing political interests or pressure from any quarter,” Kekere-Ekun said while admitting that election-related disputes often attract intense public interest and considerable pressure on the courts. “No litigant should be permitted to manipulate the judicial system in search of a favourable decision. Public confidence in the judiciary will be tested during this period.”
Indeed, there have been several instances when politicians manipulated the judiciary. In one case in Abuja, courts of coordinate jurisdictions nullified each other over a politician (now deceased) who was sacked from the Senate for allegedly presenting a forged NECO certificate. That matter is yet to be resolved. The Independent Electoral Commission (INEC) also once reported a serving Judge of the Federal High Court, Abuja to a former CJN over the recall process of a senator representing Kogi West. This was in order to prevent a precedent in which politicians would resort to using the court to derail the legitimate electoral process.
The essence of the court’s interventions in election matters should be to promote democratic culture and strengthen the confidence of the people in the democratic process. For as long as we insist on reducing the courts into vote-counting stations, this democracy will either destroy the judiciary, or some corrupt judges will destroy the prospects of genuine democracy. But we must commend the leadership of the judiciary for dealing with some of the deviants. Last week, the National Judicial Council (NJC) suspended three judges for inappropriate handling of cases brought before them. The NJC also approved the recommendation of one-year suspension without pay for three judges, imposed additional restrictions on the elevation of two of those suspended, approved the issuance of caution/warning to six judicial officers and placed some among them on the watch list for six months. According to the NJC Deputy Director (Information), Kemi Babalola-Ogedengbe, the decisions (taken at its 112th meeting) were reached following a review of nine investigation reports on petitions against judges over their handling of cases.
We have on several occasions called that the electoral law be reviewed in order to reduce the role of the judiciary in deciding the outcome of elections, especially since INEC is the only body constitutionally entrusted with the conduct of elections. Until we reduce the influence of the judiciary in election matters, the tendency and temptation for politicians to corruptly influence judges will persist. Nigeria is perhaps the only country where electoral outcomes are determined by courts. This practice has negatively affected voter turnout and interest. We need to save the ballot as well as the courts.