Opinion
Opinion: 2019 Election Petitions: The Judiciary Can Help Sanitize Nigerian Electoral System
By Raymond Nkannebe; Esq.
With the limitation period for the presentation of petitions flowing from the just concluded Presidential and National Assembly elections having closed a fortnight ago, and those of gubernatorial and Houses of Assembly elections closing on the 1st of April, 2019 save for states and local constituencies where supplementary elections were held on the 23rd of March, 2019, it is safe to conclude that the politicians have had their day under the proverbial sun, and have now passed the ball into the court of the judiciary who must now get to work in the next one year at least to determine the catalogue of petitions that have proceeded from the womb of the 2019 elections which in many ways brought to full glare and national embarrassment, the weakness of our electoral process. So bad was it, that some segment of the civil society posit that it is arguably the worst election to have been conducted in Nigeria since the dawn of uninterrupted democracy in 1999.
Contrary to the situation in 2015, the victory of president Muhammadu Buhari is today a subject of litigation. Whereas former president Goodluck Jonathan made the now famous phone call to his opponent candidate Muhammadu Buhari when it became crystal clear that he was on the wrong side of the ballot, Alhaji Atiku Abubakar rightly or wrongly depending on the individual’s political bias, has decided to challenge the re-election of Muhammadu Buhari in court.
In a 147-page petition filed on his behalf by a battery of very senior and distinguished members of the bar, Atiku and his Peoples Democratic Party (PDP), are asking that the result of the election as announced by the electoral umpire, INEC be nullified, and their candidate returned. According to them from what one gathers from the well laid out petition, on a proper computation of results from the polling units, it was the PDP and their candidate Atiku Abubakar, and not Muhammadu Buhari who won the election. They have made a heavy weather of having evidences which support this proposition particularly the smart card reader data from all the polling units across the country transmitted to INEC’s back-end server during the course of the polls.
Beyond Atiku’s petition, a staggering 736 petitions challenging one election or the other, have been received by the election petition tribunals inaugurated by the acting Chief Justice of Nigeria, Tanko Muhammad, two weeks before the conduct of the election. This number understandably could increase as the final collation of results by INEC in Rivers state last week, has seen some candidates and their political parties angling to challenge the return of incumbent Governor Nyesom Wike.
The climate of rigging and manipulation of election results in Nigeria added to the undue militarization of the electoral process by the incumbents who are often in control of the security apparatus often necessitates the challenge of elections by Petitioners on a number of grounds that have been laid down by the electoral law namely, that the person whose election is being challenged was not qualified to contest the election ab initio; or that the winner of the election did not score the majority of lawful votes cast at the election. Others are that the questioned election is invalid by reason of corrupt practices or non-compliance with the provisions of the Act; or that the Petitioner was validly nominated but was unlawfully excluded from contesting in the election by the electoral umpire. See section 138(1) )(a-d) of the Electoral Act, 2010 (as amended).
It is however not in the fleshing out of the grounds of the petition and the particulars in support of same that the Petitioners often run into a problem but in the leading of evidence to establish to the required degree of proof, the often serious allegations contained in most petitions such that could eventuate into a return of the petitioner by the tribunal as was recently seen in the Osun state election petition tribunal which nullified the victory of incumbent governor Gboyega Oyetola in favour of Senator Ademola Adeleke. This writer however understands that decision is a subject of appeal at the Court of Appeal sitting in Abuja.
A holistic appraisal of the election petitions that have made their way to our courts and/or election tribunals as far back as the cases of Omoboriowo v Ajasin (1984) 1 SCNLR 108; Obih v Mbakwe (1984) LPELR-2712 (SC); Nwobodo v Onoh (1984) 1 SC 1; Buhari v INEC (2008) 19 NWLR (pt. 1120); Ojukwu v Obasanjo (2006) (EPR) 242 to name a few, will readily reveal the near impossibility of upturning an election through the courts. A petitioner almost always finds himself contending with a large body of case law and statutory provisions that literally excuses and/or explains away the electoral infractions complained of in his petition. Save for a handful of cases where a petitioner was returned through the tribunals, thousands of petitions go to court at every election cycle without any success. Perhaps the circumstances of the 2007 general election puts the difficulties faced by a petitioner in proper context. Despite the winner of that very controversial election acknowledging that the process which brought him to power was fraught with widespread irregularities and gross manipulation of the electoral process, it is ironical to say the least, that the challenge of that election at the presidential election tribunal by then General Muhammadu Buhari came to nought. Such is the lot of the Petitioner.
The sad consequence(s) of this is that it has helped to fester the culture of rigging across board. The Nigerian politician having understood how difficult it is to upturn an election through the courts, has devised even more brazen and disingenuous means of rigging him or herself into power and thereafter, dare their opponent to go to court to challenge the victory. Anyone who has had the privilege of studying the electoral forms from our shambolic elections will readily come to terms with the fact that elections in Nigeria are basically a riggers affair. It is the candidate who is able to out-rig the other through any means whatsoever that is often declared the winner thus making a mockery of our democracy.
In a bold attempt however to improve the sanctity and integrity of our electoral process and to the credit of former chairman of the electoral commission Alhaji Attahiru Jega, the smart card reader was introduced in the 2015 general election to checkmate the recurrent problem of multiple accreditation of voters against the spirit of the voters register. The genus of the smart card reader machine was to ensure that only bio-metrically accredited voters could cast valid ballots at the polling booths. It was thought that it would solve the recurrent problem of multiple thumbprinting by unscrupulous elements who lend themselves to politicians who prostitute the electoral process.
But the legality of the smart card reader as an instrument for the conduct of elections was to evolve into a serious constitutional debate on the back of the petitions that made it to the election tribunals following that round of elections. In the case of Nyesom v Peterside (2014) 5 NWLR (pt. 1430) 377 a full-bench of the apex Court despite acknowledging the motive behind the introduction and use of the card reader machine in an election, which needless to say was to bolster the democratic norm of “one man one vote”, went ahead to strike it down for having derived its efficacy from the INEC guidelines which obviously was in conflict with section 49(2) of the Electoral Act 2010 (as amended) which nominates the voters register as the instrument of accreditation of voters and proof of over-voting by a person challenging an election.
In answering the question whether failure to use card reader for accreditation of voters can invalidate an election, the apex Court Per. AKA’AHS held instructively as follows, “the introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) envisages a situation where the Electoral Commission issues instruction or guidelines which are not carried out. The failure of the card reader machine, or failure to use it for the accreditation of voters cannot invalidate an election. The section provides as follows: “138(2) an act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election”.
With the above sentiments of the apex Court, many of the petitioners who went to court in the last cycle of election hoping to make a case out of the non-use of the smart card readers in the accreditation of voters at the polling units found themselves on the wrong side of the law, and severally paid with a dismissal of their petitions. Unfortunately, none of the petitioners drew the attention of the apex Court to the amendment of section 49 (2) of the Electoral Act which was signed into law by former president Goodluck Jonathan on the 20th of March, 2015, just 8 days before the holding of the general election. On their part too, the judex did not take judicial notice of this amendment to the principal Act which legitimized the use of the smart card reader for voter accreditation; the very basis upon which the Court upheld all the disputed governorship elections conducted by the INEC on April 11, 2015.
Having said that, the 2019 elections and the petitions trailing it, provides another window of judicial activism for the judiciary which has the potency of revolutionizing our electoral process and by extension, our nascent democracy. With the countrywide criticisms that have greeted the conduct of the just concluded general elections ranging from selective use of the smart card reader machines in some places and the outright thumbprinting of ballot papers in the quarters of party chieftains and what not, in a barefaced prostitution of our electoral process, suffice it to say that the ball is effectively in the Court of the judiciary to rise up to the occasion in ensuring that not a single illegal vote counts in the return of a candidate.
A simple way to do this, is to ensure the fulsome recognition of the data from the smart card reader machines and using same as a benchmark for reconciling the total votes cast in a polling unit so as to check against over-voting which was perpetrated by politicians with reckless abandon in the just concluded 2019 elections. In places where the smart card reader machines malfunctioned and thus were not used, the tribunals must ensure that the procedure enumerated by the electoral umpire on how voters in such polling units should cast their votes, was applied to the latter. Anything otherwise, must of necessity lead to the cancellation of the results from such unit as consecrated by the relevant provision of the Electoral Act 2010 (as amended), and the Guidelines of the electoral commission 2019. Thankfully, the apex Court in the Nyesom v Peterside case (supra) acknowledges that the innovation of the smart card reader machines was well intentioned in that, it was calculated to improve the integrity of our elections. The petitions that are now lying before the several election petition tribunals across the country, provides an opportunity for the judex to uphold the smart card reader machine and lend it the much needed judicial imprimatur which counted against its usage in the last cycle of elections, irrespective of the consequences for the individual poll where it is applied.
At a time when it has been shown that the executive and the legislature are enmeshed in a dark conspiracy to the detriment of our democracy, such as was seen in the circumstances under which assent to the Electoral Act Amendment Bill (2018) was refused by president Muhammadu Buhari, the judiciary can step in, in its hallowed capacity as the avowed defender of any democracy to sanitize our electoral system. This is what Nigerians who are increasingly losing confidence in our electoral process earnestly asks of the judiciary.
Raymond Nkannebe; a legal practitioner writes from Lagos.
By Henry Ukazu
Dear Destiny Friends,
It’s impossible for any mortal person to claim that he has not at one time or another felt envious. In other words, everyone somehow has wished they have something other people; friends, partners, siblings, colleagues or even family members, have. It is worthy of note that the Creator of heaven and earth designed the universe in such a way that everyone needs to depend on one another for survival. Nobody has it all.
While one person may be gifted in singing, another might be gifted in praying, healing, speaking or writing. Yet another might be gifted in playing soccer, while another might be gifted in sprinting, tennis, swimming, and more.
As a Human Capacity Development expert, I have come to realize that we all have different strengths and weaknesses. The mistake most people make is to chase what is not chasing them instead of focusing on developing themselves.
When you develop yourself, it will be easy for other people to appreciate and support you, but when you focus your energy on being jealous of what other people have, you deprive yourself of attracting blessings and opportunities to your life. As a Life coach, I always tell my tribe, major on your major and work on your weakness.
Envy is not only when one is jealous of what someone has, it also means greed when one is not satisfied with what one has. Isn’t it true that greed makes a rich man poor and contentment makes a rich man poor. It is important to note that you can’t attract what you hate. If you see anyone thriving, please if you can’t support them, please leave them the way you are instead of pulling them down.
One of the best ways to succeed in life is to know oneself. According to Socrates, “man know thyself”. When you understand who you are, you will understand what’s unique about you, and you won’t be concerned about the activities of others. The benefit of self-discovery is priceless. Self-discovery will help you to make the right choice, it will assist you to unleash your potential, and it will ultimately help you to be intentional with your life.
One of the reasons why envy is paramount is that we don’t practice gratitude and appreciation. Most often, we look towards what we lack instead of looking at what we have. There’s an adage that says, it is because the philosopher was too busy to get to the promised land that he forgot there’s a ditch in front of him and he fell inside. That’s the philosophy of envy.
It’s instructive to note that envy is not only deadly, but also “cancerous” because when it envelops someone, it blinds the person not to see the good in others. Envy, if not properly managed, can cause more than damage.
There was a story about two friends- John and Paul. John woke up one morning to a gleaming new model Toyota Camry in Paul’s garage. He went green with envy, and by the next day, he had the same brand of car in his own garage to prove a point. Unknown to John, he didn’t know that Paul’s car was a gift from his wealthy father-in-law. John on the other hand had to exhaust all his savings to buy his own car just to prove whatever point he had in mind.
At the end of the day, Paul was smiling well and living his best life, but John was experiencing financial challenges that threatened his marriage because of his pride and greed to prove a point. The moral of this message is to desist from competing with people, rather compete with oneself by being better than you were yesterday.
One good reason why envy and covetousness are such terrible afflictions is because what is right for others may not be right for you. If your motivation is to have what others have, your decisions will be targeted at the wrong or goal. Your goal must be self-geared and not to keep up with the neighbors.
It’s instructive to note that we are not on earth to impress anyone, except God. Yes, it’s good to impress our boss at work, our friends, family members, mentors, and benefactors, etc., it should be done with moderation. What is important is for one to know the intention behind whatever they are doing. This is because when you try to please man, you’ll fail, but when we try to do the right thing, everything will fall in place. According to Bill Cosby, I don’t know the key to success, but the key to failure is trying to please everyone. Moral: Just do you and everyone will be fine because at the end of the day, those that care, don’t matter and those that matter don’t care.
In conclusion, as you journey towards life, please avoid envy, run from it and be satisfied with what you have.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s the founder of Gloemi. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate, creative writer and author of Design Your Destiny Design and Unleash Your Destiny . He can be reached via info@gloemi.com
By Henry Ukazu
Dear Destiny Friends,
Everyone experiences life in different ways. There’s absolutely nobody on planet earth who hasn’t encountered situations or circumstances that shaped them or gave them different perceptions of life. No matter how we try, we can’t run away from problems. A friend once jokingly said, problems are like women; they are the “necessary evil” you can’t avoid, especially when they have an interest in you.
We all experience life in our families, relationships, academics, spiritual life, careers, health, and even personal life. But what makes the ultimate difference is how we’ll react to it.
Let me explain a little bit using a case study of family, health, career, academic, spiritual, and personal aspects.
Family
It’s instructive to note that what makes a family is secret, so imagine a case where the secret of a family is divulged. There’s bound to be problems that will arise. Another scenario is when a family experiences the death of a loved one. I think that’s one of the most painful experiences one can ever experience because losing a loved one is no joke. The death of a family member can shatter a family if not properly managed.
Imagine a case where the head of the family, say a father, passes to glory and his wife is not financially stable to manage the family. The children will experience challenges that will shape their future. The question we need to ask ourselves is, how do we manage death when it happens?
Health
Another scenario that can shape us is our health. Health is so important that without it, one will not be able to function properly. There have been life-threatening health cases that lead to the untimely death of a sick patient. The question we need to ask ourselves is: how do we respond to these health challenges when it comes to us?
Career
Do you know your career can serve as an encounter which can shape you? Yes, an encounter is like an experience which can make one not remain the same. Do you also know that your career can make or mar you? Yes, while one’s career can serve as an instrument to one’s success, it can also lead to the demise of someone, especially if it’s not a purposeful career befitting the person.
Academic
Some schools of thought say that examination is not the true test of knowledge. There have been situations where one’s academic background can metamorphose them in the right direction, especially when one is intentional and purposeful in their chosen academic pursuit, and there have been scenarios when someone ventured into academic pursuits that are not suitable for them.
I was once a victim of this ugly experience when I ventured into Taxation Law at New York Law School. Despite earning a scholarship in the program, I knew for a fact, assuming I got a job, it won’t be fulfilling because I will be a victim of defective success.
Spiritual
One of the most defining moments of one’s life can be seen in their spiritual life. It’s sad to see most people playing with their spiritual life. They fail to realize that spirituality controls the physical. When we talk of spirituality, there are two types. Those for God and those for gods. It’s always good for one to align to one side, but as a matter of advice, it’s always good for one to stay on the side of God.
There are many situations that would have ended one’s life, but due to one’s neglect of one’s spiritual life, the life can be cut short. Question: How do you respond to spiritual things when spiritual forces push you around?
Personal
Last but not least is our personal life. How we respond to life challenges in our academic, health, finance, relationship, career, or even spiritual life can determine how far we go in life. Remember, it’s instructive to note that it is our attitude and not aptitude that will determine our altitude to life.
The big question we need to ask ourselves now is: how do we respond to these challenging circumstances or issues? The answer is attitude. You’ll agree with me, you may not always be able to choose your circumstances, but you can choose to respond to them.
There was a touching story about a man who was unjustly and wrongfully convicted for murder, and he spent many years in prison awaiting trial, another fifteen years for final judgment to be delivered, and yet another ten years on death row. In all this travail, he managed to keep his sanity.
Finally, on the day he was to be executed, fresh evidence indicating his innocence prompted the governor to order his immediate release. At the prison gates he sad “ all a man can be taken from him, except the last form of the human freedoms, -the power to choose one’s attitude in all circumstances”.
Do you see, life is not really about what happens to us, but how we react. That’s what will make the difference.
In conclusion, regardless of how life challenges, circumstances, and situations push you around, just have a good attitude and outlook to life. Don’t allow it to weigh you down.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s the founder of Gloemi. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate, creative writer and author of Design Your Destiny Design and Unleash Your Destiny . He can be reached via info@gloemi.com
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
