The Audacity Of “Go To Court”: A Threat To Free And Fair Elections In Nigeria, by Isaac Asabor

It is no more news to Nigerians who are exposed to the media that President Bola Ahmed Tinubu has encouraged aggrieved politicians in Edo State to seek resolution through the judiciary following the recent governorship election. While this call might have emphasized the importance of utilizing legal avenues while maintaining the integrity of the democratic process to address disputes to some Nigerians, to this writer, it is not. The reason for having an opposing view on the issue cannot be farfetched as it is an impunity that is been taken too far to the detriment of Nigerian democracy.

In recent years, the phrase “Go to court” has become a recurring refrain in Nigeria’s political landscape, especially following contentious elections. What was once a neutral option for addressing grievances has now evolved into a shield of impunity, a defiant declaration made by political elites to justify electoral misconduct. This audacious stance is a growing menace, threatening the foundation of free and fair elections in Nigeria.

Nigeria’s democratic system, still evolving, has always been susceptible to election-related conflicts. However, recent election cycles have seen an alarming rise in the use of “Go to court” as a smug response to accusations of election rigging, voter suppression, and other irregularities. Political actors, armed with powerful legal teams and financial muscle, appear increasingly indifferent to the electoral process. In their minds, elections are no longer determined by the will of the people but by how well they can maneuver the courts to affirm their desired outcomes.

This practice not only undermines the spirit of democracy but also emboldens those with resources to manipulate the judiciary to their advantage. For ordinary Nigerians, this sends a chilling message: elections are a mere formality, and their votes do not really count. Political campaigns are reduced to performances, while the real contest takes place in backdoor meetings with lawyers and judges.

What this does to the psyche of the electorate cannot be overstated. For a country that has worked hard to shake off the shadows of dictatorship and military rule, the repeated disrespect for electoral integrity brings us dangerously close to democratic collapse. Voters may eventually lose interest in exercising their franchise, feeling that their voices are lost in the machinery of judicial politicking. This electoral apathy could deal a fatal blow to Nigeria’s democratic future.

The judiciary should be the guardian of democracy, upholding justice and fairness when elections are disputed. But in Nigeria, the courts are increasingly seen as the final battleground where electoral victory is confirmed or overturned, often based on technicalities rather than the substance of the vote itself. This gives rise to a troubling phenomenon where elections are conducted without seriousness, knowing that the results can be “fixed” later in court.

In too many cases, elections are being won or lost not based on voter turnout or the legitimacy of the process, but on intricate legal arguments that hinge on minor procedural errors. While due process is essential to the rule of law, it is worrisome when the judicial process becomes the primary determinant of who holds power, rather than the electoral process itself. This makes the courts an attractive tool for power-hungry politicians to either maintain control or usurp their rivals.

More worrisome is that some political actors, confident in their ability to sway court rulings, engage in election malpractices with no fear of consequence. They view “Go to court” as the ultimate escape route, relying on prolonged legal battles and exploiting procedural loopholes. This erodes public confidence in both the electoral process and the judiciary.

The perception of judicial bias or corruption, where court rulings can be influenced by wealth or political connections, fuels this dangerous trend. While there are many honorable judges in Nigeria, the few cases of questionable rulings taint the judiciary’s reputation, reducing its stature in the eyes of the public. Without a strong, independent judiciary, democracy cannot flourish. When politicians flaunt the “Go to court” taunt, they undermine the very institution that should be the safeguard against election fraud.

At its core, democracy is about participation and representation. When politicians manipulate the system to the extent that election results are often contested and settled in courtrooms, democracy loses its meaning. Voters become disillusioned, and electoral apathy sets in. Why should citizens bother to vote if they believe their choice would not matter in the end?

Moreover, this practice puts undue pressure on the judiciary, which is already grappling with a lack of trust and accusations of corruption. Judges are now seen as potential power brokers rather than impartial arbiters of justice. This not only taints the image of the judiciary but also weakens its ability to serve as a check on political excesses.

Free and fair elections are the heartbeat of any democracy. Without them, governance becomes authoritarian, as the very essence of democracy, government by the people, for the people, is undermined. Election rigging and courtroom victories reduce public trust in the entire democratic process. Over time, the citizens who once believed in democracy’s promises begin to question its efficacy, leaving space for populist figures and anti-democratic sentiments to flourish.

The Independent National Electoral Commission (INEC) has a pivotal role in shaping the future of Nigeria’s democracy. For the country to have credible elections, INEC must be shielded from external political influence and sufficiently empowered to enforce the rules that ensure transparency. Technology, such as biometric voter registration and electronic voting, can be employed to mitigate some of the issues surrounding electoral malpractice.

Additionally, electoral laws should be revised to impose stricter penalties for those who engage in election rigging and related misconduct. If electoral malpractices are met with severe consequences, including disqualification from public office, politicians will be less inclined to manipulate elections. Furthermore, INEC must be transparent about the results and the processes they employ. When transparency is guaranteed, the number of post-election legal challenges will decrease, as most complaints arise from perceptions of opacity or manipulation.

Nigeria’s electoral system must prioritize transparency and accountability. For elections to truly reflect the will of the people, the entire process, from voter registration to result collation, must be foolproof. INEC must be empowered to conduct free, fair, and credible elections without interference. Electoral reforms, including punitive measures for politicians and parties that engage in malpractice, should be swiftly implemented.

Additionally, the judiciary must maintain its independence. It should not be seen as a tool for legitimizing fraudulent elections but as a protector of democracy. Only then can the public regain confidence in the legal system’s ability to uphold justice and fairness.

Without a doubt, the audacity of “Go to court” reflects a deeper crisis within Nigeria’s democratic framework, one that threatens to derail the country’s efforts to establish credible elections. Until the integrity of the ballot is restored, and elections are no longer viewed as mere precursors to lengthy legal battles, Nigeria’s democracy will remain fragile.

It is time to stop the manipulation of courts as a fallback plan for election malpractice. Free and fair elections should be decided by the people, not in the courtrooms. Anything less portends danger for Nigeria’s democratic future.

The mantra “Go to court” should not be the response to genuine concerns about electoral integrity. Instead, our politicians, electoral bodies, and judiciary must work together to ensure that elections are truly free and fair. Only then can we hope to build a democracy where the will of the people, not the courts, prevails. The health of Nigeria’s democracy depends on it.