Elections and the Judicial Countdown

Nigeria’s highly anticipated and keenly contested general elections have been conducted and concluded. However, despite the peculiarity of moving from a traditional two-horse race to a three-horse race at the presidential level, certain traits common with post-elections have played out. Outside the post-election violence is a barrage of petitions emanating primarily from parties that have “lost” at the polls. This has been a common experience since the beginning of democratic elections in Nigeria, except for the 2015 general elections.

With the just concluded elections, widespread reports of electoral irregularities have given the aggrieved parties grounds to resort to the courts for recourse. Presently, The Victory of Bola Ahmed Tinubu of the All Progressives Congress victory is being challenged in court by Atiku Abubakar of the People’s Democratic Party (PDP) and Peter Obi of the Labour Party (LP). However, election petitions in Nigeria take about 180 days from the date of filing the petition to the day judgement is delivered. Would court proceedings be swift and just, or would the red-tapism characterise it as the swearing-in and inauguration ceremony draws closer?

Reactions have trailed the petitions regarding the impropriety of inaugurations when the case is still ongoing. One of the calls is for the country’s electoral system to be reformed, aiming to produce winners who do not have the shadow of the court hanging over them. Also, with the tension surrounding the lingering calls for an interim government, a judgement before the inauguration would ease existing tension in the polity. However, the risk of a rushed judicial process still trails a rapid verdict before the inauguration on May 29^th.

Drawing from the Kenya elections held in August 2022, William Ruto’s victory was challenged by his opponent Raila Odinga. The petition was filed on August 22nd 2023, and the Supreme Court ruling was out on September 5th, upholding Ruto’s victory precisely eight days before the swearing-in ceremony. One can identify the swift resolution by the Kenya court as an example of what ought to be.

 No petitioner has succeeded in establishing their charges and effectively reversing a presidential election outcome. This year’s result remains to be seen. However, there is a need for rapid conduct by courts, mainly regarding resolutions and verdicts on electoral matters. There is also the need to draw lessons from the Kenya elections, where election petitions were addressed in due time, emphasising the legitimacy of the president’s election. Furthermore, there is a need for judicial reforms that can promptly accommodate rapid but efficient resolution of tribunal cases.