Between the Supreme Court and INEC

Promise Adiele

Illusion and reality are opposites but they inevitably occur together to form a part of our daily dialectics. Whenever reality stands, illusion stands beside it. Illusion is the silhouette of reality and vice versa. From the benefit of hindsight, men are always inclined to illusion because it is more appealing than reality. In many ways, reality does not always conform to the expectations of men. In choosing a life partner, many people have married illusion, mistaking it for reality. Presently, illusion and reality have made a steady incursion into Nigeria’s political arena where they viciously compete in a new nomenclature as Supreme Court and INEC. While many think that the Supreme Court is reality and INEC illusion, many others believe that it is the other way round. But the truth lies somewhere in between, one must be reality and the other illusion. We will be able to conclude this matter at the end of this piece.

It is common knowledge that INEC is the body saddled with the responsibility to conduct elections in Nigeria. Whether they have discharged their duties equitably is a matter of opinion. In the history of Nigeria, politicians have never contested election results as in the present era. Many election results announced by INEC have been contested in the law courts by those who feel aggrieved (shall we say, by those who were out-rigged and out-manouvered in the electoral warfare). Many times, INEC’s decisions were upturned by the Supreme Court, a development that queries the integrity and continued existence of the electoral body. Sometimes, people applaud the Supreme Court’s decision, other times their decisions are generally seen as a caricature and utter mockery of the entire judiciary especially when we consider that their decisions are final.

Realistically in Nigeria, we have two separate election decision making bodies. The differences between them are many – while one is superior, the other is not. While one involves the participation of the masses on a given day, the other involves the participation of a selected, learned, honourable few who do the business under the cover of secrecy. While one pretends to be independent, the other proves that its counterpart is not independent by any stretch of the imagination. It follows that any time elections are conducted in Nigeria by INEC and the results are announced, no one should celebrate, no one should mourn because that is just an introductory part of the process. One can only celebrate after the almighty Supreme Court has taken a decision.

If therefore, every electoral decision by INEC is subject to the Supreme Court’s review, it follows that INEC has become redundant and has outlived its usefulness. Let the Supreme Court, in addition to its many responsibilities, be saddled with the responsibility to conduct elections so that Nigerians are saved from all the hassles and trauma associated with electoral warfare.

Going forward, many people will see elections in Nigeria as an outright waste of time since the will of the people can be changed overnight by the Supreme Court. Some people will argue that there is no need for INEC to continue to exist since their decisions mean nothing where the Supreme Court is interested. Once the Supreme Court endorses a candidate, he wins irrespective of the wishes of the people or whatever result INEC may have announced. Perhaps, politicians should, henceforth campaign, preach their slogans, and explain their manifestoes to the distinguished judges of the Supreme Court because they are the ones who will finally make the decision and not the people. Now, I am sure the reader is no longer in doubt as to where reality and illusion belong with regards to the Supreme Court and INEC. For lack of space, I will discuss only three different elections conducted recently in Nigeria and show how the Supreme Court is the reality, the master, and the final arbiter.

During the presidential elections in 2019, two political parties, APC and PDP with their candidates, Mohammadu Buhari and Atiku Abubakar emerged as the top contenders. The former eventually won the polls. Expectedly, the PDP and its candidate headed to the courts as Buhari and CPC did after the 2011 elections. Many people didn’t believe that Atiku and PDP had any chance given that the judges of the Supreme Court were appointed by the presidency. During the same period also, there was a sudden reshuffle of positions in the Supreme Court.

New judges were appointed and some old ones removed. The game was perfect and complete. Expectedly, PDP and Atiku lost woefully at the Supreme Court after losing at the polls. It was indeed a double loss for them but critical observers knew that they stood no chance at the court where they sought to challenge what many saw as a massively compromised election. In that instance, both INEC and the Supreme Court agreed, but whether their agreement reflects the wishes of millions of Nigerians is a matter of infinite conjecture.

Then Imo State, the Eastern Heartland took the centre stage. After the gubernatorial elections, INEC announced Emeka Ihedioha of the PDP as the winner with Hope Uzodinma and a certain Uche Nwosu of the AA heading to the courts. At the Election Tribunal and the High Court, Ihedioha won until the matter got to the almighty Supreme Court. I am going to try very hard to be decent with my use of language here because what happened in Imo State is a clear case of popular endorsement for Ihedioha, yet the Supreme Court thought otherwise in a demonstration of what will stand as the worst judicial election ruling in the whole of Africa. The Supreme Court won and APC was installed as the ruling party in Imo State.

Then, enter Bayelsa State. The Supreme Court declared the election of David Lyon and his Deputy Degi-Eremienyo of the APC null and void for perjury and announced Duoye Diri and Lawrence Ewhrudjakpo of the PDP as winners. I must admit that before then, I didn’t know perjury was such a serious offence that could lead to the disqualification of a candidate in an election. It is the same Supreme Court that threw away a case of perjury brought against the presidential candidate of the APC, Muhammadu Buhari in the last presidential elections. The PDP had argued that the APC candidate did not have the requisite minimum O’level qualifications at the time he filled his presidential nomination forms. It should be noted that WAEC only issued the O’level results to the APC candidate long after he had won the elections. Indeed, the Supreme Court is the Alpha and Omega but certainly, they do not hold the power of life and death.

INEC conducts elections, the Supreme Court decides the actual winner. Given this situation, should INEC continue to exist while the Supreme Court lays ambush to every of their announced results? Will Nigerians be motivated to participate in elections knowing full well that INEC is only an illusion while the Supreme Court is the reality? Let the debate rage on.

Dr. Adiele teaches in the Department of English, Mountain Top University via [email protected]