Nearly two years after its last general elections, and with the 2023 election year coming in full speed, we look at the relationship between elections in Nigeria and the country’s apex court, the Supreme Court. Using unique cases and the landmark decisions that followed, we look at the pre-election impact, as well as mistakes could have on the standing of an election hopeful.
Two of the cases which will no doubt linger for a very long time were those of former Imo State Governor, Emeka Ihedioha of the People’s Democratic Party (PDP) and Bayelsa state governorship candidate, Chief David Lyon of the All Progressives Congress.
Imo State: A Reign Cut Short
On March 3, 2020, the Supreme Court dismissed an application filed by Emeka Ihedioha of the People’s Democratic Party (PDP), asking it to set aside a judgment that declared Hope Uzodinma of the All Progressives Congress (APC) the governor of Imo State. The court, led by the Chief Justice of Nigeria (CJN) Tanko Mohammed, held that it lacked powers to sit on an appeal in its own judgment delivered on merit and in accordance with dictates of the law and justice.
What happened: Following the 2019 governorship election in the state, the Independent National Electoral Commission (INEC) declared PDP’s Emeka Ihedioha as the state governor. However, seven months into his reign, the Apex Court, declared the candidate of the APC, Hope Uzodinma, who came fourth in the election as the winner of the poll after adding votes said to accrue to him from 388 polling units initially excluded by INEC.
Bayelsa State: The “Almost” Governor
On November 18, 2020, a seven-member panel of the Supreme Court affirmed the election of Douye Diri as the authentic governor of Bayelsa State, dismissing six appeals that sought to remove the governor and his deputy. Some of the appeals were filed by the Alliance for Democracy (AD), Advanced Nigeria Democratic Party (ANDP), Labour Movement (LM), and Accord Party (AP).
What happened: In the case of Bayelsa, the governor-elect, David Lyon, was sacked because his deputy, Biobarakuma Degi-Eremienyo was found to have submitted forged documents to INEC in aid of his qualification for the November 2019 governorship election. The Apex Court accordingly ordered the candidate of the PDP, Senator Duoye Diri, who came second to be sworn in as governor.
While the case of Ihedioha was a product of the election petition tribunal that of Lyon was a pre-election case that sacked the APC governor-elect on the eve of his inauguration. Both cases could’ve avoided with proper vetting on the side of the party and stronger electoral procedures such as electronic voting enforced by INEC. As preparations begin for 2021, it is important for both parties and the commission to learn from past lapses to better ensure a seamless election and handover process
This story is part of our new series on Nigeria where we analyse electoral and political reform in the country ahead of the next general elections in 2023.
