The growing tendency of elections being decided by courts in Nigeria came under the searchlight and criticisms on Thursday, September 24, 2026, by some prominent Nigerians who gave a damning verdict with a warning that the practice could completely destroy democracy in the country.
Remarkably, the Catholic Archbishop Emeritus of Abuja, Cardinal John Onaiyekan, the immediate past President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, and renowned political economist, Prof. Pat Utomi, particularly warned that democracy is at risk when the judiciary becomes the decider of who governs.
The trio who spoke at the Conference in Enugu, declared that the judiciary role in election matters was meant to settle disputes as against picking winners for the people.
In his keynote address, Onaiyekan stressed that if elections were well conducted, there would be no need for judicial cases, insisting that tribunals were supposed to be there just in case.”
Onaiyekan noted that Nigeria had reversed that logic of the judiciary settling disputes and have advanced to picking winners for the people.
He specifically demanded for a more independent electoral commission (INEC) and a critical review of how its leadership is appointed, a 50 percent threshold for presidential victory, and a legal standing for voters whose votes are in dispute.
In his words; “The judiciary is supposed to be the last stage in the electoral process. It should be stressed that the judiciary is not to determine elections about who wins, but to adjudicate disputes when they arise.
“Our experience in the recent past has almost become that we have been witnessing a situation where our elections are being determined not at the polls, but in the courts by the tribunals.
“This gives a field day for high-class lawyers with high-level fees, doing their best to manipulate issues on technicalities,” he stated.
The Catholic Archbishop Emeritus of Abuja noted with sadness that allegations of unjust judgments have seriously dented the image of the judiciary, thus called for urgent reforms.
Onaiyekan particularly called for a dedicated election tribunal with strict timelines and conclusion of all petitions before swearing-in.
He further said; “More seriously, we must do all that is necessary to dispose of all tribunal cases before swearing in any candidate. A situation where a candidate has been declared a president still going to a tribunal to defend his position using state means and state resources to defend himself against his opponents is not serious as far as natural justice is concerned”.
In his own paper presentation at the conference convened by the Nigerian Guild of Editors (NGE), with the theme; “The Ballot, the Media, and the Task of Keeping Democracy Alive,” and sub-theme: “When Lies Look Real: Detecting and Debunking AI Misinformation Before, During, and After Elections”, the immediate past President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe noted that Nigeria now ranks among countries with the highest number of election petitions as the courts are constantly called to decide winners.
Osigwe described the trend as “judicialisation of the electoral process,” where political battles shift from polling units to courtrooms, just as he questioned the popular political taunt “Go to court,” stressing that it signals a pre-knowledge of the limitations petitioners face in getting justice.
In the words of Osigwe; “I see that Nigeria is one of the countries with the highest number of election petitions, and all because the courts are very frequently involved in determining either the outcome or who won.
“Public perception of corruption in the judiciary, even if unproven, erodes confidence in democracy’s last line of defence,” he stated.
The former NBA President also faulted the evidential hurdles around BVAS and IReV, stressing technology introduced for transparency should not frustrate petitioners.
According to him; “IReV should be given meaningful evidential value and we must also as a people oppose INEC’s non-compliance with its own guidelines from being a ground to challenge elections.
Speaking in turn, Professor Pat Utomi emphasized that elections that are not legitimise waste government resources and weaken institutions.
According to Utomi; “If the people are convinced that there is no point, what is an election? Imagine the amount of money we waste to have elections that are totally meaningless because they do not legitimise anybody”.
He therefore warned of “ultimate collapse” if abnormal practices are normalised.
In attendance at the conference were the Information Minister, Mohammed Idris, who was represented by the Managing Director of NAN, Ali M. Ali, Obi of Onitsha Igwe Alfred Achebe, Enugu Governor Peter Mbah, Jigawa Governor Umar Namadi, Enugu Deputy Governor Ifeanyi Osisi, Vanguard publisher Sam Amuka, former Ogun Governor Olusegun Osoba, Prof. Auwal Yadudu, SAN, Chief Onyema Ugochukwu, Prof. Stella Okunna, and INEC Chairman Joash Amupitan, who was represented by the REC for Enugu State, Chukwuemeka Chukwu.
