In the aftermath of the hotly contested general elections in 2023, nearly 1,200 petitions were lodged in courts contesting the results, highlighting the judiciary's growing impact on Nigeria's democratic process.
While this trend is not universally embraced, as many question the reliance on judicial outcomes over popular votes, some argue that it's crucial for candidates to have a platform to express their grievances.
Over the past 26 years, the judiciary has become a significant player in Nigeria's democracy, especially since the return to civilian rule in 1999. Yet, initial elections in 1999 and 2003 faced little legal contestation.
Data reveals that the 2007 elections resulted in a record of 1,282 petitions filed. In 2011, there were 727 petitions, which included 53 governorship challenges across 24 states, 90 senatorial objections, 206 for the House of Representatives, and 377 concerning state assemblies.
The 2015 general elections led to 663 petitions, split into 41 for governorship, 81 for senatorial posts, 175 for the House of Representatives, and 366 for state assembly elections. The 2019 elections produced 807 petitions, with 66 related to governorship in 26 states, 107 for senatorial positions, 207 concerning the House of Representatives, and 417 for state assembly elections.
Various judicial bodies, including magistrate courts, area courts, high courts, the National Industrial Court, the Code of Conduct Tribunal, and Election Petitions Tribunals have actively participated in shaping Nigeria’s democratic landscape.
Corruption Allegations and Controversial Rulings
Yet, the judiciary's role in electoral democracy has not been without controversy, as allegations of corruption have persisted. In his farewell address in October 2023, former Supreme Court Justice Musa Dattijo Muhammad highlighted systemic issues, including financial dependency, insufficient judicial personnel, and contentious decisions that have tarnished the judiciary's reputation.
He cited the case of Imo State Governor Hope Uzodimma, who emerged as the winner of the 2019 gubernatorial election despite initially finishing fourth, alongside controversial rulings regarding Senate seats held by Ahmad Lawan and Godswill Akpabio, both of whom had not participated in the initial primaries but were subsequently validated by the Supreme Court.
These rulings displaced legitimate candidates like Bashir Machina and Udom Ekpoudom, raising eyebrows about justice delivery. Justice Muhammad remarked on appointing presiding judges out of turn and the unpredictable nature of recent judgments, which have left esteemed legal professionals perplexed.
He stated, “There’s a growing feeling that undesirable practices are becoming part of judicial proceedings now,” as observers opine that some judges seem to be allied with political interests—a sentiment that further muddies the public's trust in the judiciary.
Public criticisms of the judiciary have also resurfaced following events like the controversial injunction given by Justice Bassey Ikpeme in June 1993, which halted the slated presidential elections—a move linked to later electoral annulments under military rule. Subsequent high-profile verdicts, including those for the 2007 presidential election favoring Umar Musa Yar Adua against Muhammadu Buhari and later decisions in 2019 and 2023, faced harsh scrutiny for their deviation from perceived electoral norms.
Notable Judicial Achievements
Despite the challenges, the judiciary has also made significant decisions reclaiming lost mandates for elected governors, including those of Peter Obi (Anambra State), Adams Oshiomhole (Edo State), and Ra'uf Aregbesola (Osun State).
Landmark rulings, such as the Supreme Court's 2020 decision affirming women's rights to inherit family property in parts of Igboland, demonstrate the judiciary's capacity to effect positive change.
Judicial Redemption and Future Challenges
Experts assert that for Nigeria's democracy to thrive, the judiciary must enhance access to justice, dismantle unjust laws, and ensure fair constitutional interpretation.
Prof. Abdullahi Shehu Zuru from Nile University emphasized the judiciary's role in revitalizing accountability structures within governance. While acknowledging the judiciary’s efforts, he called for reforms to better meet emerging justice administration challenges in anticipation of the 2027 general elections.
Ikoro N. Ikoro, a lawyer in Abuja, remarked on the judiciary's progress but warned of problematic figures within the system, stating that the National Judicial Council should actively investigate complaints against judges from aggrieved parties with valid proof. He encouraged lawyers to maintain accountability to counter public negativity surrounding the judiciary.
Ikoro pointed out that social media often distorts public perceptions of judgments, emphasizing the importance of understanding case facts before forming opinions about judicial decisions. He remarked on the Uzodimma and Ihedioha case, suggesting a closer look could clarify misunderstandings surrounding the ruling.
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