Nigeria’s claim of deriving its democracy and rule of law from the United States rings hollow when measured against its recent electoral process. In a functioning democracy, the judiciary serves as the last bastion of hope for the people, a guardian of the Constitution, and a check on the excesses of the executive and legislative branches. Yet, in Nigeria, the judiciary’s handling of the 2023 presidential election disputes has revealed a profound betrayal of this sacred trust. By dismissing cases that questioned the legitimacy of the election results, the judiciary effectively ignored widespread allegations of malpractice, thereby endorsing a deeply flawed process.
Raised Hope and a Dashed Promise
For years, voter apathy plagued Nigeria, particularly among its youth, disillusioned by the perceived unfairness of the electoral system. However, the 2023 elections brought renewed hope. The Independent Electoral Commission (INEC), the country’s election commission, had promised to deploy advanced result transmission technology that would transmit results in real time. This assurance led many young voters to register, believing that this election would finally be free and fair.
In the weeks leading up to the February 25, 2023, presidential, senatorial, and house elections, the election commission’s chairperson, Mahmud Yakubu reassured Nigerians that there would be “no going back on the transmission of results to the INEC Result Viewing Portal (IReV) in real-time on Election Day”, and he “further pledged that the commission would upload Polling Unit level results (Form EC8A) and accreditation data to the INEC Result Viewing Portal, as mandated by the Electoral Act 2022.”[1]
However, on election day, the commission failed to fulfill this promise, leading to widespread disappointment. While the machines transmitted the senatorial and house results seamlessly, they inexplicably failed to transmit the presidential results in real time, a process with much higher stakes. This inconsistency sowed growing unease and suspicion among the populace. Despite disputes over the results and calls for a review, the electoral commission, in the dead of night, announced a winner and dismissively advised those dissatisfied to seek redress in court. Consequently, the other two contestants, Mr. Peter Obi of the Labor party and the People’s Democratic party’s Atiku Abubarkar went to court to challenge the results.
The Betrayal of Justice
Despite the European Union observers’ report highlighting significant flaws in the elections and a BBC investigation uncovering evidence suggesting manipulation in the presidential election results, the appeal court and the supreme court dismissed Mr. Obi and Mr. Atiku’s case on technical grounds. The opposition presented nearly 19,000 mutilated ballot papers, and the public cried foul over what they perceived as a theft of their votes. Yet, both the appeals court and the Supreme Court dismissed these concerns, leaving many feeling abandoned by the institutions meant to safeguard their rights.
The reasons behind the courts’ decisions remain unclear, though many believe they hinged on technicalities. Justice Inyang Okoro, the Supreme Court’s lead judge in the case, stated: “On the whole, having resolved all the issues against the appellant, it is my view that there is no merit in the appeal, and it is hereby dismissed.”[2] The frequent use of the terms “merit” and “technicality” in dismissing genuine cases reveals a troubling reliance on legal formalism over the pursuit of truth and justice. Additionally, a contentious Nigerian law presumes the integrity of elections conducted by INEC, placing an enormous burden on appellants to prove otherwise. This rule naively assumes that INEC officials are beyond corruption or influence. Instead of requiring INEC to demonstrate before the court that due process was followed, the burden falls unjustly on citizens, who must bear the heavy cost—both financial and moral—of proving otherwise. In this particular election case, INEC positioned itself as a defendant and refused to provide petitioners with certified true copies of electoral materials, further complicating the pursuit of justice.
The Desecration of Lady Justice
The image of Lady Justice, blindfolded and holding scales, symbolizes impartiality and fairness in the legal system. However, in the context of the 2023 Nigerian elections, this symbol has been desecrated. The judiciary’s actions or lack thereof have led to a situation where the scales of justice is perceived to be tipped in favor of those in power, rather than in favor of truth and fairness.
In traditional African societies, justice is not merely a legal concept but a moral one, deeply intertwined with the community’s well-being. The idea of Ma’at in ancient Egyptian philosophy represents truth, balance, and cosmic order. The desecration of justice in Nigeria can thus be seen not only as a legal failure but as a moral collapse, where the sacred order that should govern society has been disrupted.
This moral collapse is evident in the widespread disillusionment among Nigerians, many of whom no longer believe that justice is attainable within the current system. The sacred temple of justice, which should be a refuge for the oppressed and a place where wrongs are righted, has instead become a fortress for the powerful. The judiciary’s failure to address the electoral malpractices has contributed to a growing sense of hopelessness and disempowerment among the populace, further weakening the social fabric of the nation.
The brutal police response to these protests, which resulted in the deaths of more than twenty people, is indicative of a government that is increasingly willing to use force to suppress dissent rather than address the root causes of public discontent. The government’s violent response to peaceful protests also highlights a broader issue of human rights abuses in Nigeria. The right to peaceful assembly and protest is enshrined in both international human rights law and the Nigerian Constitution, yet these rights are routinely violated. The deaths of protesters are not just a tragedy for their families but a stain on the nation’s conscience, reflecting the extent to which the government is willing to go to maintain its grip on power.
The Cost of a Flawed Election: Economic and Social Unraveling
The political instability that followed the 2023 elections has had devastating effects on Nigeria’s economy and social structure. Food inflation has skyrocketed, making basic necessities unaffordable for millions of Nigerians. The inflationary pressures have been compounded by poor governance, as the government has focused more on consolidating power than addressing the economic needs of the people. This neglect has led to increased poverty, malnutrition, and a resurgence of diseases like kwashiorkor, particularly among children.
Kidnapping for ransom has also become more prevalent, as criminals exploit the lawlessness and lack of accountability that have characterized the post-election period. The rise in kidnapping is a symptom of a broader security crisis, where the state’s inability to protect its citizens has emboldened criminal elements. This situation has further strained Nigeria’s already overburdened law enforcement agencies, leading to a vicious cycle of insecurity and violence.
The social unraveling of Nigeria is perhaps most evident in the recent hunger riots that have swept across the country. These protests are a direct response to the government’s failure to address the economic hardships facing ordinary Nigerians. From the perspective of Martin Luther King Jr., who declared that laws devoid of justice are no laws at all and that it is just to resist such laws, the protest by Nigerians appears to be a direct heed to King’s call. In the context of the Nigerian election, this is a moral imperative for the people to actively resist unjust laws and corrupt governance structures. This theological perspective reinforces the need to oppose any political authority that fails to serve the people in truth and justice.
Catholic Social Justice and the Moral Imperative for Change in Nigeria’s Electoral Practice
Catholic social teaching holds that laws and political processes must align with divine justice, which prioritizes the dignity of the human person and the protection of the vulnerable. The judicial endorsement of a flawed election contradicts these principles, as it undermines the common good and erodes the moral foundation of governance. The Catholic social tradition provides a powerful framework for understanding the moral implications of the 2023 Nigerian elections. Central to this tradition is the concept of the common good, which emphasizes that the well-being of all members of society should be the primary goal of governance. In Nigeria, however, the government’s actions— or inactions— have served to undermine the common good, favoring the interests of a select few over the needs of the many.
The principle of subsidiarity, another key element of Catholic social teaching, holds that decisions should be made at the most local level possible, with higher authorities intervening only when necessary. The failure of the Nigerian government and judiciary to protect the integrity of the electoral process represents a violation of this principle, as it disregards the will of the people at the grassroots level. By imposing a government that many Nigerians believe to be illegitimate, the state has overstepped its bounds, eroding the trust and cooperation that are essential for a functioning democracy.
The preferential option for the poor, a cornerstone of Catholic social teaching, also calls into question the legitimacy of the current Nigerian government. The economic policies and governance failures that have followed the 2023 elections have disproportionately harmed the most vulnerable members of society. The rise in food prices, the resurgence of malnutrition, and the increase in violent crime all point to a government that is failing in its duty to protect and uplift the poor.
In light of these realities, Catholic social teaching demands a moral response. It calls for a reexamination of the current political order and for the implementation of policies that prioritize the common good, uphold the dignity of every person, and ensure that justice is not merely an abstract ideal but a lived reality for all Nigerians.
Indigenous African Ethical Concepts and the Call for Electoral Reforms
African ethical traditions, such as Ubuntu, emphasize community, harmony, and the interconnectedness of all people. The electoral fraud and subsequent judicial failures have disrupted this harmony, leading to widespread discontent and social fragmentation. According to the concept of Ubuntu, a leader’s legitimacy comes from their ability to serve the people and promote the welfare of the community. When leaders fail in this duty, they lose the moral right to govern.
The current Nigerian government, by failing to conduct free and fair elections and by suppressing dissent, has violated the principles of Ubuntu. This violation calls for restitution a process of making amends and restoring balance to the community. Restitution in this context could involve a range of actions, from judicial reform and the establishment of truth commissions to address electoral fraud, to the implementation of policies that address the economic hardships facing the nation.
Moreover, the concept of Ma’at in ancient Egyptian philosophy, which represents truth, justice, and balance, provides a lens through which to view the current crisis. The desecration of justice in Nigeria, as evidenced by the judiciary’s failure to address electoral malpractices, represents a disruption of Ma’at. Restoring Ma’at would require a recommitment to truth and justice, ensuring that the will of the people is respected and that those who have been wronged are given redress.
The 2023 Nigerian elections represent a profound moral and political crisis, one that has far-reaching implications for the nation’s future. INEC’s failure to deliver a transparent and credible electoral process, coupled with the judiciary’s complicity in upholding a tainted election, has led to a deep erosion of trust in Nigeria’s democratic institutions. The social and economic consequences of this electoral heist are already being felt, as Nigeria continues to unravel in the face of rising food inflation, insecurity, and social unrest.
While it is encouraging that the Nigerian people are holding their leaders accountable, it is imperative that the leaders also fulfill their responsibilities. Restitution, justice, and renewed commitment to the common good are essential for Nigeria to overcome this crisis and build a future where democracy and human dignity are genuinely respected.Without these, the nation risks further unraveling, with dire consequences for all its citizens.
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[1] “INEC’s Dramatic U-turn on Electronic Transmission of Election Results” This Day, April 16, 2023. https://www.thisdaylive.com/index.php/2023/04/16/inecs-dramatic-u-turn-on-electronic-transmission-of-election-results/.
[2] Ignatius Igwe, “Supreme Court Dismisses Atiku, Obi’s Appeals, Affirms Tinubu As President,” Channels TV, October 26, 2023. https://www.channelstv.com/2023/10/26/supreme-court-dismisses-atiku-obis-appeals-affirms-tinubu-as-president/.