Nigeria: Go To Court, Or Go To Hell?

 By Andy Ezeani

It has not been too long ago that Nigerians celebrated the coming into being of Electoral Act 2022, the new body of laws for their electoral system. The Act replaced Electoral Act 2010, on which proceedings in the country’s electoral process had hitherto been anchored. 

The process that eventually culminated in the enactment of the new electoral law was not easy, by any means. The forces that preferred the continued reign of the hitherto existing electoral law, were determined to retain the status quo. The reason was obvious. The provisions of Electoral Act 2010 were more amenable to what politicians want than what the new body of electoral laws was promising. 

Constitutional Interpretation: Nigeria’s Democracy Is On Tenterhooks

 By Olu Fasan

In just over three weeks, on May 29, Bola Tinubu will be inaugurated as President and Commander-in-Chief of the Federal Republic of Nigeria. Yet, in parallel, election petitions seeking to nullify his declaration as winner of this year’s presidential poll are earnestly afoot. Given that the petitions won’t be determined before May 29, a sword of Damocles, in the form of his removal from power, potentially hangs over Tinubu’s head. Theoretically, that’s a possibility; otherwise, what’s the point of the presidential election petitions?

The 1999 Constitution, under section 239(1), allows the Court of Appeal and, ultimately, the Supreme Court to determine whether someone has been validly elected as president; the Electoral Act 2022, under section 136(1), requires the court to nullify the election of someone not duly elected as president. Thus, constitutionally, Tinubu’s election as president could eventually be nullified, however long it takes to determine the petitions. But that’s theoretical.