After the national elections, the fight for political power has moved to the courts.
The law causes the change. Any parties who believe they were shortchanged in the elections have been encouraged to go to court and establish their case.
After elections, Nigerian courts have traditionally been flooded with cases from unhappy parties. In 1979, Chief Obafemi Awolowo of blessed memory sued the National Party of Nigeria (NPN), which awarded the late Alhaji Shehu Shagari its flag, alleging that it cheated to win.
He argued in court that Shagari did not win two-thirds of the then-19 states since he scored 19.94% in Kano instead of 25%. Chief Richard Akinjide, Shagari’s lawyer, convinced the seven Supreme Court judges that two-thirds of 19 was “12 two-thirds,” not 13 as Awolowo claimed.
Chief Obafemi Awolowo said the Federal Electoral Commission (FEDOCO) wrongly pronounced Shagari winner. Awo polled 4,916,651, whereas Shagari polled 5,688,657, although the latter attempted to use the constitutional requirement to torpedo the election.
Shagari, who wanted to be a senator but was persuaded to fly the NPN banner, won the elections on a technicality that the Supreme Court said lawyers should never use as a precedent. Chief Richard Akinjide’s legal maths won.
The 1979 Constitution’s framers may have thought that two-thirds of 19 is 13, the nearest number, but they never anticipated the circumstance that happened. The court saved an amendable constitution, and Nigeria now has 36 states, unlike in 1979.
Another unexpected circumstance has developed, possibly unexpectedly. Should FCT votes be treated as state votes? There was litigation over a candidate not winning two-thirds of the vote. I am still determining what the court will do, but it should force a legislation change to clarify things.
The court should focus on substantive issues rather than technicalities. I may be a layman, but this is a national issue that requires justice to be done and shown to be done.
Pre-sworn election matters make sense, and such perspectives argue that asking sworn-in officials to resign is abnormal. The implication is that such a person has enjoyed unwarranted office privileges, which is why it should never happen.
A time limit on election matters before tenure expiration would solve the problem. Leadership, like nature, hates vacuums, and to avoid a leadership vacancy, another leader must take over. The court ruled that an interim administration was unlawful when Ernest Shonekan was Head of State.
An illegitimate military administration formed an unconstitutional interim government that was overthrown by another unknown form of government. Luckily, Nigeria has left that age and should never return.
The rule of law prevents that sandy track of criminality. Justice must be done quickly and clearly. Judiciary concerns have raised eyebrows but also indicate that humans are flawed. I still need clarification about the 2019 Bayelsa elections when a winner was removed from the swearing-in arena due to his running mate’s offence.
I’ve always admitted that my opinion may be naïve since I’m ignorant. I thought the elder knocked on another child for another’s mistake. In Imo State, the court counted uncounted ballots and gave them to a candidate who rose from fourth to first. The majority won despite dissent. That judgment’s recipient did well. He may have repaid the people with faster infrastructure development, especially roads.
Since the procedure is abnormal, the nation has again gone to the courts to confirm or reject those whose election amounts to an imposition. Osun Governor Ademola Adeleke, congratulations. Dancers continue. Courts inspire us.
