When on October 25, 2023, the Supreme Court fixed Thursday, October 26, to deliver final judgements in the two surviving petitions challenging the legality or otherwise of the declaration of President Bola Tinubu as winner of the last presidential election, many Nigerians received the news with mixed feelings as a result of the muffled belief that justice will not be done. It was circulated in many quarters that the ability of the Supreme Court to deliver justice was more of utopic feeling. This is because of the obvious, which points to the fact that many had lost faith in the judiciary, the Supreme Court most especially; no thanks to the myriad of controversial judgments it has delivered in recent times.
The petitions in question were those filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and his counterpart in the Labour Party (LP), Peter Gregory Obi.
A 7-man panel of Justices of the Court led by Justice John Inyang Okoro had earlier taken final arguments from lawyers to the parties in the petitions. The Justices had thereafter reserved their judgments.
As foreseen, the seven-man justices dismissed all the appeals including the fresh evidence of tinubu’s alleged certificate forgery, thereby upholding the lower court’s September 6, 2023 judgment. They ruled that the opposition appeals over claims of fraud, electoral law violations, and Tinubu’s ineligibility to run for president lacked merit.
Thereafter, reactions trailed the judgment of the Supreme Court affirming the electoral victory of President Bola Tinubu. The Labour Party (LP) alleged that the legislative and judicial arms of government have been hijacked by the ruling All Progressives Congress (APC) while the PDP dismissed the judgment as disappointing and concerning.
At a press briefing hours after the apex court dismissed the appeals, LP’s Chairman, Julius Abure said the party is disappointed but has decided to charge on and remain optimistic for what the future holds for the nation.
According to Abure, what happened from the day of the 2023 presidential election to now showed that the nation was sliding towards dictatorship.
“We are indeed very shocked and surprised that even the apex court will toe the line of an earlier judgement in spite of all the flaws associated with the judgement delivered by the Presidential Election Appeal Tribunal.
“Having conclusively exercised our fundamental rights as gifted to us by the laws of the land, we have no other choice but to move on. We may be disappointed and dismayed by the outcome of the exercise but we have chosen to trudge on and to remain optimistic of what the future holds for the nation.
“We weep for our institutions that cannot rise to the occasion and courageously defend democracy and the voices of our people.
“However, there are great lessons to be learnt. What transpired in Nigeria since the February 25 presidential election is a clear testament that our institutions are not working and that we may be sliding towards dictatorship. It is very clear that the executive has hijacked both the judiciary and the legislature. This is so unfortunate for our democracy and it is even more for the people of Nigeria.
“All what our forbearers taught us has been destroyed within a short space of time because of the unbridled ambition of a few. The founding fathers fought with their lives to achieve independence for the country.
“People lost their lives for the struggle to keep our democracy and all these years people have been struggling to achieve electoral and constitutional reforms. Regrettably, all of these efforts and struggles have been destroyed today,” Abure said.
On its part, the PDP expressed disappointment over the Supreme Court judgment, saying that the apex court has failed Nigerians.
The party expressed its reservations over the judgment through a press statement signed by its National Publicity Secretary, Hon. Debo Ologunagba, and made available to The Boss.
The party holds that the majority of Nigerians are “alarmed, disappointed and gravely concerned with the reasoning of the Supreme Court which the PDP believes is against the express provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, the Guideline and Regulation issued by INEC under which the election was conducted”.
The party further “asserts that it is indeed a sad commentary for our democracy that the Supreme Court failed to uphold the provisions of the law. Instead, it trashed the expectation of majority of Nigerians who looked up to it as a Temple of Impartiality to deliver substantial justice in the matter having regards to the laws and facts of the case.
“Nigerians earnestly expected the Supreme Court to uphold and defend the clear provisions of the 1999 Constitution in terms of qualification and minimum requirement for a winner to be declared in a Presidential election in Nigeria especially with regards to the required statutory 25% of votes in the FCT as well as issues of violation of electoral Rules and Guidelines, brazen manipulations and alterations of election results by the APC.
“Nigerians are still at a loss as to how the Supreme Court condoned the serious issues of forgery, falsehood and perjury on the altar of technicalities.
“The general gloom, melancholy and sense of despondency across the country upon the delivery of the judgment is an ominous sign of eerie situation which portend grave consequences because of the disappointment embedded in the judgment.
“This judgment by the Supreme Court has evidently shaken the confidence of Nigerians in the judiciary, especially the Supreme Court as the last hope of the common man.
“The PDP remains undeterred and charges Nigerians not to be discouraged or allow the judgment to detract from their collective quest for the entrenchment of a credible electoral system that can guarantee a government that truly derive its legitimacy from the people.”
More legal practitioners have also lent their voices to what many Nigerians have labeled a travesty of justice at the Supreme Court, using the judgment that affirmed Tinubu as Duly Elected as case study.
One of these legal icons is the just retired justice of the Supreme Court, Hon. Justice Musa Dattijo Muhammad, who bowed out on Friday having attained the statutory retirement age of 70, with not less than 47 years in the judiciary, 10 of which was as a Supreme Court justice.
His retirement day speech opened up a can of stinking worms in legal practice, especially at the apex court. He also exposed the Chief Justice of Nigeria, Kayode Ariwoola and the Supreme Court as a whole as an institution of bias and ineptitude.
In his speech, the justice opened a new conversation on the enormous powers the office of the Chief Justice of Nigeria (CJN) wields, and how the present CJN has deliberately starved some regions, especially the South East of representation in the apex court among other revelations.
With no holds barred, His Lordship systematically dissected the politics of ethnicity in the apex court, saying that he is leaving the Supreme Court worse than he met it.
Dattijo, among many other accusations alleged as follows:
“As presently structured the CJN is Chairman of the NJC which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC) which recommends those selected for appointment to the NJC, the National Judicial Institute (NJI) and the Legal Practitioners Privileges Committee (LPPC) which appoints Senior Advocates of Nigeria. In my considered opinion the oversight functions of these bodies should not rest on an individual alone. A person with absolute power, it is said, corrupts easily and absolutely.
“As Chair of NJC, FJSC, NJI, and LPPC, appointments as council, board and committee members are at his pleasure. He neither confers with fellow justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say. The CJN has the power to appoint 80 percent of members of the council and 60 percent of members of FJSC. The same applies to NJC and LPPC. The power of being appointed a judge of any court rests squarely on him. Such enormous powers can be abused. Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country.
“By the provision of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended, the NJC shall comprise the following Members: the Chief Justice of Nigeria, who shall be the Chairman; the next most senior Justice of the Supreme Court who shall be the Deputy Chairman. Regrettably, the next most senior Justice of the Supreme Court like Deputy Governors of States, shorn of any official function except at the pleasure of the Governor, is neither consulted on anything nor does he have any official function. His job as No. 2 is purely as the CJN pleases. It is incumbent that the system provides for more inclusion and consultation among stakeholders.
“The conversation about the diminishing number of justices of Nigeria’s Supreme Court has become a refrain. As I bow out today, the number is further reduced to 10 against the Constitutional requirement of 21 justices. That this avoidable depletion has affected the court and will further affect the court and Nigerians is stating the obvious.
“We are in an election season where the Election Tribunals and appellate courts are inundated with all manner of petitions and appeals. The Supreme Court is the final court in the Presidential, Governorship, and National Assembly election appeals. Yet, there are only 10 justices left to determine these matters. Constitutionally, each of these appeals requires a panel of seven justices to sit on them. When a panel of seven justices is constituted to sit on a particular appeal, only three justices are left out. Even when regular appeals are being heard in the Supreme Court, a panel of five justices is required to sit.
“We must not forget that the Supreme Court, being the highest court in the land receives all manner of appeals from the court below. Presently, there is neither limit nor distinction to the manner of appeals that come to the apex court. Again, beside election matters which are seasonal, the Supreme Court’s docket is overflowing with civil and criminal appeals, some of which took many years to arrive. Most of these are still pending. Several have not even been assigned hearing dates. The court also exercises original jurisdiction.
“As the justices who hear these matters are grossly overstretched, unable to meet the demands of their onerous assignment, the appellants who came to us seeking justice are left in limbo; waiting endlessly for justice to be served. These as I said before, are avoidable.
Former President Olusegun Obasanjo has lambasted the administration of President Bola Tinubu over insecurity bedeviling the country.
In an interview with News Central, Obasanjo said any government that cannot protect lives and property of its citizens has no basis to exist.
The former leader was reacting to the recent wave of insecurity, which has confronted Nigeria, resulting in the killing of several citizens and abduction of others.
“Let me tell you, the government that cannot give security of life and property of its citizen has no right of existence.
“The elected members of our National Assembly have no right to fix their own salary and their own emolument.
“It’s not in our constitution for them to do that. It’s the revenue mobilization and allocation commission that should do it,” he said.
The Nigeria Democratic Congress (NDC) has offered its presidential ticket to Peter Obi and Rabiu Kwankwaso ahead of the 2027 elections, signaling intensifying efforts to forge a united opposition as key political deadlines approach.
In a post on X on Sunday, the party indicated a two-week window for both politicians, currently linked to the African Democratic Congress (ADC), to defect and secure its platform’s presidential ticket.
“All we need right now. Just all we need. Two weeks to deadline,” the NDC said, accompanying the message with an image of Obi and Kwankwaso and the caption: “Nigeria will be OK.”
The development comes amid renewed calls for opposition consolidation ahead of the next general elections. Supporters of both men recently launched the “OK Movement”, aimed at mobilising support for a possible joint ticket.
Organisers of the movement have begun setting up national, zonal and State structures, suggesting early groundwork for a broader political alliance.
However, the ADC is currently grappling with internal divisions that could affect its participation in the elections. The party is facing a leadership crisis, with competing factions contesting control of its structure.
The dispute is now before the Supreme Court of Nigeria, which has reserved judgment in an appeal arising from the leadership tussle.
The uncertainty comes as the Independent National Electoral Commission (INEC) maintains its timetable for the 2027 polls, setting May 30, 2026, as the deadline for political parties to submit membership registers and nominate candidates.
Opposition parties, including factions of the Peoples’ Democratic Party (PDP) and the New Nigeria Peoples Party (NNPP), have called for an extension of the timeline, arguing that the schedule is too tight given ongoing internal restructuring and legal disputes.
The NDC’s offer highlights the shifting dynamics within Nigeria’s opposition landscape, where alliances remain fluid and negotiations are ongoing.
Both Obi and Kwankwaso are influential political figures with significant regional support bases, and any alignment between them could reshape the balance of power ahead of the elections.
INEC has yet to indicate whether it will adjust its timetable, as preparations for the 2027 general elections continue to gather momentum.
Former Vice President Atiku Abubakar has expressed concern over reports that the Senate is considering the suspension of political campaigns in eight Northern states under the pretext of rising insecurity.
Atiku, in a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, described the development as deeply troubling and fraught with dangerous implications for Nigeria’s democracy.
He noted that while insecurity remains a serious national challenge that must be confronted decisively, it must never become a convenient justification for undermining constitutional rights or selectively restricting democratic participation.
“Let it be clearly stated: the right to vote and participate in the electoral process is fundamental and cannot be abridged under any guise. Any attempt—whether deliberate or disguised—to suppress political activities in parts of Northern Nigeria raises legitimate concerns about disenfranchisement,” Atiku said.
The Waziri Adamawa recalled that credible intelligence had earlier pointed to possible plans to weaken electoral participation in key Northern states, warning that recent developments appear to be lending credence to those fears.
“This is not merely about campaigns; it is about representation, inclusion, and the integrity of our democratic process. You cannot cure insecurity by silencing the voices of the people. Democracy must not become a casualty of government failure,” he added.
The former Vice President stressed that the people of Northern Nigeria, like all Nigerians, deserve both security and full participation in the democratic process — not one at the expense of the other.
He added that it is the responsibility of government to provide security for its citizens, while it remains the duty of citizens to freely exercise their civic rights without fear, intimidation, or unlawful restriction.
“At a time when citizens are already battling hardship and insecurity, the least the government can do is to guarantee their right to be heard — not to restrict it. Any policy that creates the impression of targeted exclusion will only deepen distrust and national division,” he warned.
He called on the Independent National Electoral Commission, security agencies, and the administration of Bola Ahmed Tinubu to immediately clarify their position and reassure Nigerians that no region will be denied its constitutional rights.
“Nigeria must never descend into a situation where elections are shaped by exclusion, fear, or administrative manipulation. The consequences of such actions are far-reaching and better imagined than experienced,” Atiku cautioned.
He urged all stakeholders to uphold the principles of fairness, equity, and national unity, emphasising that democracy must remain inclusive, transparent, and credible across every part of the country.
