Odinkalu seeks review of judicial reversal of voters’ mandates

Human rights lawyer Chidi Odinkalu has criticized the Nigerian judiciary's use of the "wasted votes" doctrine in electoral disputes, arguing that it undermines the power of voters. Speaking at the Tunji Braithwaite Symposium in Lagos, Odinkalu warned that describing votes cast by citizens as wasted in a democracy undermines the electorate's authority.

He expressed particular concern over judicial decisions that led to the cancellation of election results even after citizens had exercised their franchise. Odinkalu highlighted the 2019 Zamfara State governorship election, where the Supreme Court overturned the victory of the All Progressives Congress despite securing 72% of the votes, while the winner received only 22%.

He accused the court of canceling the victory of the APC and awarding it to a candidate who had been beaten in every ward. Odinkalu questioned why judges, who have never voted, could declare citizens' votes as wasted. He also cited the 2007 Rivers State governorship election, suggesting that the Supreme Court could have ordered the return of the candidate who had been removed from the ballot instead of awarding victory to someone who had not been presented to voters.

The lawyer criticized the Court of Appeal's handling of election petitions from the 2023 Plateau State elections, where it relied on the doctrine of wasted votes to overturn the victories of the Peoples Democratic Party and award the seats to the All Progressives Congress. Odinkalu also criticized the growing influence of courts in political disputes, which is taking away judicial time from regular cases and empowering non-state actors to resolve disputes.

He advocated for a review of the distinction between pre-election and post-election litigation, changes to remedies for nullified elections, and a review of judicial discipline by the National Judicial Council.