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From Godwin Tsa, Abuja
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, on Monday warned politicians, lawyers, public officials and social media users against turning the courtroom into “an extension of the political arena” as the judiciary prepares for petitions arising from the 2027 general election.
She spoke at the swearing-in of judges nominated to the 2027 Election Petition Tribunals, held at the Body of Benchers, Abuja. A three-day capacity-building workshop for Justices of the Court of Appeal and tribunal members, themed “Election Tribunal as a Tool for Political Stability”, also opened.
The President of the Court of Appeal, Justice Monica Dongban-Mensem, disclosed that 375 judicial officers have been nominated to serve on the tribunals. Of these, 138 are returning members with previous tribunal experience, while 237 are newly nominated.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, urged the Nigerian Bar Association (NBA) to issue a code of conduct for lawyers handling election cases.
The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, SAN, warned that AI-generated deepfakes and disputes over electronic result transmission could threaten political stability.
“Not a continuation of the campaign”
Declaring the workshop open, the CJN said political parties, candidates and supporters must recognise that “the judicial process is not a continuation of the electoral campaign by other means.”
They must, she said, comply with lawful orders and refrain from actions calculated to intimidate judicial officers.
She said public opinion and the popularity of a candidate “cannot be substitutes for legal proof”, insisting that disputes must be decided on pleadings, evidence and law.
She urged public officials and influential persons to restrain their comments on pending matters, warning that attempts to prejudge outcomes can create unnecessary tension.
On social media, she said citizens may express their views, but unverified allegations, selective accounts of proceedings and online campaigns against judicial officers distort public understanding.
“Misinformation, intimidation and attempts to prejudice pending proceedings have no place in a society governed by the rule of law,” she said, urging the media to exercise care as well.
The CJN condemned the filing of multiple actions or appeals on the same subject matter, the pursuit of conflicting orders from courts of coordinate jurisdiction, and the use of ex parte applications to gain tactical advantage.
Such practices, she said, “can bring the administration of justice into disrepute.” Counsel, she added, must resist the temptation to make the judicial process “another instrument of political contest.”
Fagbemi echoed the concern.
He said he expects the NBA to develop clear ethical guidelines or a code of conduct for lawyers appearing before the tribunals and those already engaged in pre-election matters. Such rules, he said, should ensure that courts remain places for “fair and dispassionate resolution” of disputes rather than “arenas for professional misconduct or unnecessary controversy.”
In her welcome address, Justice Dongban-Mensem urged tribunal members to resist “every attempt at improper influence, whether through political pressure, inducement, intimidation, personal relationships or other considerations extraneous to the administration of justice.”
No individual, “however highly placed”, she said, should be allowed to compromise the independence of their courts.
She said the nominations followed consultations with Heads of Courts and the NBA, and described the appointment as “a call to service, not privilege.”
On case management, she directed that unnecessary adjournments be discouraged, with applications weighed against the interests of justice and statutory timelines. “Expedition must never undermine fairness,” she said, “just as procedural indulgence must not frustrate timely adjudication.”
She noted that tribunal decisions may go on appeal to the Court of Appeal and eventually the Supreme Court, making the quality of adjudication at the tribunal level fundamental.
The Court of Appeal, she said, has developed a centralised Case Management System for scanning, uploading and storing judicial decisions.
She said it provides an auditable record and allows monitoring of case performance across the 36 states and the Federal Capital Territory (FCT). An Electronic Filing Portal has also been introduced as an additional channel for filing and service of court processes.
Delivering his goodwill message at the event, the Attorney-General of the Federation, Lateef Fagbemi, described the Electoral Act 2026 as introducing far-reaching reforms that recalibrate the electoral framework ahead of the polls, adding that their impact will depend on enforcement by INEC, compliance by parties and judicial interpretation.
Among the provisions he highlighted:
Section 138(1): Election petitions are confined to corrupt practices, substantial non-compliance and failure to secure a majority of lawful votes. It omits candidate disqualification as an express post-election ground, potentially shifting qualification disputes to pre-election proceedings.
Sections 83(5) and 83(6): The Act purports to oust court jurisdiction over internal party affairs, restricts interim injunctions in prohibited intra-party suits, and prescribes minimum costs of ₦10 million each against the litigant and counsel.
Sections 84(2) and 86: Indirect primaries are abolished, leaving direct primaries and consensus arrangements.
Section 92: Campaign expenditure limits rise to ₦10 billion for presidential candidates and ₦3 billion for governorship candidates, while individual donations rise from ₦50 million to ₦500 million.
Section 47(2): Use of the Bimodal Voter Accreditation System (BVAS) becomes a statutory requirement.
Section 77(2)-(7): Parties must keep digital membership registers and submit them to INEC at least 21 days before primaries, congresses or conventions.
He told the judges to remain free from intimidation, inducement or extraneous considerations, warning that an erroneous decision “may take another four years to correct.”
He also suggested multiple tribunal panels in jurisdictions with high petition volumes, particularly for legislative elections, and urged careful selection of Court Registrars, saying an inexperienced registrar can hamper proceedings “however competent the panel may be.”
In his speech, the INEC chairman, Amupitan, described the tribunals as “the constitutional valve that releases political pressure and prevents electoral friction from devolving into civil disruption.”
He singled out Section 60(3) of the Electoral Act 2026, which deals with electronic transmission of polling-unit results and the legal effect of communication failures, saying its interpretation “may feature prominently in future petitions.”
He warned of three digital threats: AI-generated messages impersonating officials to announce false polling unit relocations, deepfakes released during the pre-election broadcast blackout, and cloned videos of Returning Officers falsely declaring results.
Genuine evidence could also be dismissed as fake, a phenomenon he called the “Liar’s Dividend.” He urged tribunals to insist on digital provenance and forensic chain of custody under Section 84 of the Evidence Act.
He added that engagement between INEC and the judiciary “is not an avenue to influence judicial decisions or discuss the merits of pending proceedings.”
The CJN presented the Second Edition of the Judicial Electoral Manual 2026, which compiles constitutional provisions, the Electoral Act, practice directions and decided cases.
She cautioned that it “does not replace independent judicial reasoning.” Amupitan called it “an indispensable compass” for consistent rulings, while Fagbemi said it would promote consistency and improve the quality of adjudication.
With the presidential and National Assembly elections fixed for 16 January 2027, and the governorship and State Houses of Assembly polls for 6 February 2027, the officials stressed that credible elections depend on several institutions.
The CJN said the judiciary does not conduct elections or determine the electorate’s political choices, and must not be drawn into the political contest. She urged the new tribunal members to be “firm where firmness is required, patient where patience is necessary, and impartial in every circumstance.”
Fagbemi said the early swearing-in shows that the judiciary is taking proactive steps, adding that the “world should take note.”
