04/09/2026
“As the Court Pleases: The Role of the Judiciary in Preserving or Destroying Democracy — Navigating Through the Cases”
When a senior colleague invited me to serve as Keynote Speaker at the Dinner and Gala Night of ZESPRONET on the above topic, I welcomed the opportunity with genuine delight, for several reasons.
First, it offered a refreshing departure from taxation, which has been the primary fulcrum of my recent speaking engagements. Second, it was a heartening affirmation that one’s efforts to interrogate topical legal issues and educate the public do not go unnoticed. Finally, it provided an occasion for deep introspection on how the Nigerian judiciary has fared in its constitutional duty of upholding the rule of law and, ultimately, preserving—or imperiling—our democracy.
Preparing the lecture proved to be an eye-opener. A critical examination of key locus classicus decisions shaping our democratic experiment, particularly in the Fourth Republic, reveals judicial performance operating at opposing altitudes. At the first altitude, we see the judiciary at its activist, courageous best. Several decisions from that era remain memorable.
In Inakoju v. Adeleke (2007), the Supreme Court decisively halted the rascality of eighteen members of the Oyo State House of Assembly who bypassed constitutional safeguards to convene in a hotel room and unlawfully impeach Governor Rasheed Ladoja.
The exhilarating air of judicial freedom ushered in by Obi v. INEC (2007) is savored to this day. Peter Obi won the 2003 Anambra State gubernatorial election but was sworn in only in March 2006 following a grueling three-year legal battle. Disregarding this, INEC proceeded to conduct another governorship election in 2007. Obi challenged the exercise, and the apex court boldly voided the poll, holding that his constitutionally guaranteed tenure commenced only when he took the oath of office. The staggered gubernatorial election cycle we have in several states today is the direct legacy of that groundbreaking decision.
Equally unforgettable are landmark decisions such as Ugwu v. Ararume and Amaechi v. INEC, which curbed the recklessness of the ruling political class and entrenched internal party democracy. While other notable cases of that era abound, one common thread united them: the judiciary was alive to its constitutional responsibilities and consistently strove to preserve democratic tenets.
At the opposing altitude lies the troubling jurisprudence that has emerged from the 2020s. A careful analysis reveals a bench shedding its activist mantle to don the austere robe of legalism and evidential rigidity. Starting with Uzodinma v. Ihedioha, legal analysts remain confounded by how Hope Uzodinma, who placed fourth in the Imo State governorship election, was declared the winner by the Supreme Court—especially when the votes credited to him pushed the overall tally beyond the total number of accredited voters. Informed commentators have adopted the cynical term “juristocracy” to describe this trend, while bewildered citizens in Imo State have labeled the beneficiary the “Supreme Court Governor”—a leader installed by judicial fiat rather than the ballot box.
The case of APC v. Bashir Machina (2023) offered another stark illustration of the apex court elevating technical justice above substantive justice. How Ahmad Lawan, then President of the 9th Senate, who contested the presidential primary and had formally withdrawn from the senatorial race, was adjudged the rightful senatorial candidate remains a perplexing triumph of technicality.
An activist-inclined bench would never have countenanced such a result. One is readily reminded of the timeless dictum of Chukwudifu Oputa, JSC, in the Supreme Court decision Bello v. Attorney-General of Oyo State (1986):
“The picture of law and its technical rules triumphant and justice prostrate may no doubt have its admirers. But the spirit of justice does not reside in forms and formalities, nor in technicalities, nor is the triumph of the administration of justice to be found in successfully picking one’s way between pitfalls of technicality. Law and all its technical rules ought to be but a handmaid of justice, and legal inflexibility (which may be becoming of law) may, if strictly followed, only serve to render justice grotesque or even lead to outright injustice.”
Similarly, decisions such as APC v. Ekpoudom (2023)—wherein Godswill Akpabio, having contested the presidential primary, was nevertheless declared the senatorial candidate for Akwa Ibom North-West—demonstrate that party supremacy over internal democracy has staged a fierce resurgence, reappearing in an even more menacing posture.
In truth, the topic afforded an ample opportunity for deep introspection on the prevailing currents of electoral jurisprudence in Nigeria. While the jury is still out, we must continue to interrogate these decisions rigorously.
I am immensely grateful to ZESPRONET for providing the platform for such constructive engagement.
By the way, The Zenith Environmental and Social Protection Network (ZESPRONET) is a registered non-governmental organization established by alumni of Abia State University, Uturu. It convenes a global membership of public servants, healthcare experts, legal practitioners, and corporate leaders dedicated to addressing critical civic and developmental challenges.
The organization drives systemic progress across Nigeria by advocating for environmental sustainability, social welfare, and democratic integrity rooted in the rule of law and judicial accountability. By mobilizing the collective expertise of Nigerian and diaspora professionals, ZESPRONET bridges high-level policy advocacy with direct community impact, executing targeted development projects across institutions such as Abia State University and Imo State University.
It was an honor to deliver their keynote address before such an inspiring audience. My sincere appreciation goes to the executive leadership of the network for deeming me worthy of the role, with special thanks to my senior colleague and friend, Chris Okafor, Esq., FCTI, for the encouragement and push.
@Obum Nwoye, Esq., FICMC, ACTI
Immediate Past Secretary, NBA Port Harcourt Branch
