THE JUDICIARY AND 2027 GENERAL ELECTION
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
The Nigerian judiciary's increasing involvement in election proceedings has become a matter of growing concern. In countries with a functioning political system, judicial intervention in elections is rare. However, Nigeria's judicial system has become a tool for political gain, particularly during election seasons. This trend is worrying for various stakeholders who prioritize democracy and the rule of law.
Recent court decisions concerning the African Democratic Congress (ADC) have raised questions about the judiciary's impartiality. While the judiciary's role in interpreting laws and resolving disputes is essential, the frequent resort to the courts by politicians is detrimental to democracy and has compromised the quality of judgments. Some judges have disregarded court rules to achieve predetermined outcomes.
Chief Justice Kudirat Kekere-Ekun has warned judges against forum shopping, concealing related proceedings, and attempting to obtain conflicting orders ahead of the 2027 general election. She emphasized that the integrity of judicial proceedings should not be compromised by political interests or external pressures. She cautioned that litigants should not manipulate the judicial system to gain a favorable decision, as this would erode public confidence in the judiciary.
Instances of politicians manipulating the judiciary have been documented. In one case, courts in Abuja nullified each other's rulings over a sacked senator who was accused of presenting a forged National Electoral Commission (NECO) certificate. The case is yet to be resolved. The Independent Electoral Commission (INEC) also reported a serving judge of the Federal High Court in Abuja to a former Chief Justice in relation to a senator's recall process, to prevent a precedent where politicians would use the court to disrupt the electoral process.
These interventions should aim to promote democratic culture and strengthen public confidence in the democratic process. When the courts are reduced to vote-counting stations, they risk being destroyed, or corrupt judges may damage the prospects of genuine democracy. However, commendations are due to the judiciary leadership for addressing some deviants.
The National Judicial Council (NJC) recently suspended three judges for inappropriate handling of cases and imposed additional restrictions on the elevation of two of them.
Calls have been made to review the electoral law to lessen the judiciary's role in determining election outcomes, particularly since the Independent National Electoral Commission (INEC) is the only body constitutionally responsible for conducting elections. Reducing the judiciary's influence in election matters can help curb corrupt practices and maintain voter turnout and interest.
Nigeria is unique in its reliance on courts for electoral outcomes, which has negatively impacted voter participation. The ballot and the courts must be preserved.
Written by urgent.news from This Day's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
