Courts are last line of defense against election fraud – Adeyanju

Human rights lawyer and activist Deji Adeyanju has said that the judiciary remains indispensable in Nigeria’s electoral process, insisting that courts must continue to adjudicate election disputes to protect democracy.

Under Sections 6, 239, and 285 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), election tribunals and appellate courts are expressly empowered to resolve disputes arising from governorship and presidential elections.

To suggest that courts should refrain from “determining who wins elections” would be to call for the abandonment of a core constitutional duty.

In Lakanmi v. Attorney-General (Western State) (1971) 1 All N.L.R. 225, the Supreme Court firmly rejected attempts by a military government to place its actions beyond judicial scrutiny.

Adeyanju emphasized that courts do not conduct elections but determine whether they were conducted according to the law.

Sidestepping this responsibility would leave electoral irregularities unchecked.

“Nigeria’s political landscape makes judicial intervention indispensable,” he said.

“Politicians, parties, and even the Independent National Electoral Commission are often culpable of malpractice.

Without the courts, injustices would be cemented as victories.”

He noted that it was judicial rulings that restored mandates to leaders like Adams Oshiomhole, Rotimi Amaechi, Olusegun Mimiko, and Peter Obi figures who may never have assumed office without court intervention.

While reforms are needed to prevent judicial compromise and strengthen credibility, Adeyanju stressed that stripping courts of electoral powers is not the solution.

“We need better judges, not fewer judicial powers.

In a constitutional democracy, courts are the last line of defense against arbitrariness. Weakening them would harm, not help, the democratic process.”