To remain the final arbiter of electoral out comes, the Judiciary must remain acutely aware of its influence on preserving the integrity of democracy over election matters.
A legal luminary, Prof. Mike Ozekhome, (SAN) stated this Friday at the Gregory University, Uturu as the 9th Convocation Lecturer on the topic, “The Judiciary As The Final Arbiter of Electoral Outcomes: Aberrations and Judgements Without Justice”, stating, “In the intricate operation of democracy, the tripartite structure of government – Legislature, Executive, and Judiciary – forms the bedrock of governance”.
The Judiciary, he said “often dons the hat of the umpire, standing as the guardian of legality and the enforcer of the rule of law. It is the referee in the grand game of politics, wielding its gavel to ensure fair play between feuding parties” and asked, “But what happens when the referee is accused of stepping onto the field of play, or worse, scoring the winning goal? That is where the Judiciary’s role in electoral disputes comes into the spotlight”.
According to him, “Elections, the pulsating heart of representative democracy, are the grand showcase of the people’s will. The electoral process is, therefore, a sanctum of democratic expression, and any disruptions or disputes within it demand scrupulous resolution”.
The Judiciary’s involvement in electoral matters, he said “has been both lauded and disparaged. The Judiciary’s involvement in electoral matters, often sparks a broader philosophical debate. Does the intervention reflect the will of the people, or does it substitute judicial judgment for popular sovereignty?”
According to him, “This question strikes at the core of democratic theory and the Judiciary’s role within it. When the courts step in to resolve disputes, are they amplifying the people’s voice by ensuring fair representation, or are they muffling it by overriding the collective verdict obtained through the ballot?
“Ultimately, the Judiciary’s involvement in electoral disputes is both a testament to and a test of its integrity. The gavel, after all, may be mightier than the ballot or at least equally essential in ensuring its legitimacy. The Judiciary’s role in the resolution of electoral disputes is to safeguard the integrity, fairness, and legality of electoral processes by interpreting and applying electoral laws to address conflicts that emerge during or following elections”.
Prof. Ozekhome concludes, “the Judiciary occupies an undeniably pivotal position in the democratic framework as the arbiter of electoral justice, standing as both a shield and a sword in the pursuit of free and fair elections. When courts become the final arbiters of electoral outcomes, they may unintentionally eclipse the electorate’s will. In such scenarios, public trust in the Judiciary and the electoral process can erode, creating a perception that legal institutions, rather than voters, determine who holds power”.
The Judiciary’s role in shaping political landscapes for good or for bad is evident, he pointed out, stating that in emerging democracies like Nigeria, these challenges are particularly acute, adding “Judicial independence is often compromised by a cocktail of political interference, systemic corruption, and inadequate infrastructure and the politicization of judicial appointments, coupled with the reliance on rigid proceduralism, undermines the Judiciary’s credibility as an impartial arbiter”.
To address these issues, he said, “a multipronged approach is essential, judicial reforms must prioritize the training and specialization of judges in electoral law, equipping them with the expertise to handle disputes efficiently and fairly, and procedural reforms should impose strict timelines on the resolution of election petitions, ensuring disputes do not linger to the detriment of governance and public confidence. Importantly, the Judiciary must adopt a principle of minimalism, focusing on facilitating compliance with constitutional standards rather than dictating electoral outcomes.
“In addition, courts must recognize their dual mandate: to uphold the rule of law and to respect the democratic will of the people. The path forward lies in recalibrating this role, embracing reforms that balance legal precision with equitable outcomes and fostering an institutional culture that prioritizes the democratic will. By doing so, the Judiciary can solidify its standing as a credible, impartial guardian of democracy, safeguarding not only the rule of law but also the foundational principles of popular sovereignty.
“In this balancing act, the Judiciary must remain acutely aware of its influence, wielding its gavel not as a sledgehammer, but as a scalpel precise, measured, and focused on preserving the integrity of democracy.
Only through such an approach can it maintain its legitimacy and reinforce its role as a cornerstone of democratic governance, ensuring that elections reflect the true will of the people while standing firm against attempts to undermine the democratic ethos.
Fielding questions from newsmen, the lega luminary noted that to remain the final arbiter of electoral outcomes, the Judiciary must remain acutely aware of its influence on preserving the integrity of democracy over election matters and must have a strong, viral independent judiciary
According to him, “We need to have a strong, virile, independent Judiciary that is subject to any external interfere or manipulation, whether by the Executive, or the Legislature.
“I made it clear that the Judiciary remains the picture of democracy and the sentinel of the door step and guardian of the fundamental right of the people and the rule of law. On no account must any Judge be found incriminated in corruption, no matter the temptation.
“The government itself must institutionalize the system that will drive away corruption treating judges well: let them have good remuneration, good housing, more modern equipment, like ICT equipment to make their job easier”.
According to him, “My own syllogism (in Ozekpedia) in which I invented the word. “Judocracy” is what is working in Nigeria. Judocracy is a system of government, rather than democracy which was defined by Abraham Lincoln during his Gettysburg declaration on the 19th of November, 1863, that Ludocracy is a system where Presidents, Governors, Senators, House of Representative members, House of Assembly members, chairmen of Local Government and Local Government Councilors are conceived, incubated and midwifed in the hallowed faces of our courts. That should never be the case because, without knowing it, the judiciary is substituting it’s own will and displacing the free will of the people as expressed through the ballot. And this must never be the situation in Nigeria”.
Later at the ceremony where about 432 were convocated, the Chancellor Mr Okechukwu Gregory Ibe (Jnr) charged the graduands, “Your presence here today is the culmination of years of hard work, determination, and perseverance. These are essential traits for excelling in any modern environment” and to reflect on their journey, pursue their purpose, be innovative and resilient, have a heart of service and gratitude.
According to the Pro-Chancellor and Chairman of Governing Council, Prof Augustine Uwakwe in his admonition to the graduands, “Education is more than just a means to a career. It is the key to unlocking opportunities, to questioning, to imagining a better world, and to making meaningful contributions. As you step into the next phase of life, carry with you the values of curiosity, integrity, and a passion for lifelong learning”.
Also speaking, the Vice Chancellor of the university, Mrs. Cele Njoku, who reflected the journey so far in the university development, stated, “the university is still in dire need of assistance in some critical areas that would enhance teaching and learning leading to the complete attainment of its to robust mission and vision”, including the need to strengthen the Alumni Association and advised them to reflect on their journey, pursue their purpose, be innovative and resilient, have a heart of service and gratitude.
Notable Nigerians were honoured on the occasion, including Prof. Mike Ozekhome SAN, Prof. Barth Nnaji, Prof. Evaristus Ogechi Anyaehie and Orji Nwafor Orizu, among others.
