By Dr. Tom Ohikere
Intro: The Collapse of Certainty
A court is supposed to be where confusion ends. In Nigeria of recent, it is often where confusion begins.
Between 2022 and 2026, we have seen contradictory ex parte orders, midnight judgments, party executives affirmed in one state and nullified in another, and elections overturned long after governments were sworn in.
The PDP’s ongoing factional crisis is the clearest example. Two claimants to the office of National Secretary, multiple courts, multiple orders. While the party fights itself in courtrooms, the voters wait.
The result: Citizens no longer ask “What does the law say?” They ask, “Which court will we go to?” That is the definition of judicial absurdity.
SECTION 1: THE FACTS ON THE GROUND
1. The Problem of Conflicting Orders.
In 2023 alone, the National Judicial Council documented multiple instances where different courts issued conflicting orders on the same political dispute within days of each other.
The PDP case in 2024-2025 is textbook. One High Court recognizes Secretary A. Another recognizes Secretary B. INEC is caught in the middle, and party primaries stall.
When Court A in Abuja restrains Party X, and Court B in Kano reinstates the same officers, the loser is not a party. It is the rule of law.
2. The Election That Never Ends
Data from the Presidential Election Petition Court and state tribunals show a pattern:
*2019*: Over 800 election petitions filed. Many ran 12-18 months.
*2023*: Over 1,200 petitions. Some governorship cases were decided 8 months after inauguration.
By the time the Supreme Court speaks, budgets have been passed, appointments made, and policies implemented by officials whose mandate was still in court. The people’s vote becomes provisional.
3. The Party That Cannot Organize
The PDP’s current factional battle over the National Secretary position has dragged for over a year. Conventions are postponed. Congresses are invalidated. INEC refuses to recognize some party communications because of conflicting court papers.
This is absurdity in real time: Nigeria’s oldest opposition party cannot hold itself together because the courts are giving it different answers. If PDP cannot get internal justice, how does it promise justice to Nigeria?
4. The Timing Crisis
“Midnight justice” is now a phrase in common use. INEC has complained publicly about receiving court orders hours before elections or inaugurations. In 2023, several candidates were sworn in on Friday and removed by Monday.
Justice delayed is justice denied. Justice rushed at the last minute is justice politicized.
5. The Proliferation of Suits:
Forum Shopping
Nigeria has 36 states + FCT, and litigants have learned to file in the jurisdiction perceived to be most favorable. The PDP’s secretary dispute alone has appeared in FCT, Enugu, and other jurisdictions.
Section 251 of the Constitution gives the Federal High Court jurisdiction over federal matters, yet parallel suits persist. The NJC’s 2023 Practice Directions tried to curb this, but enforcement remains weak.
SECTION 2: THE COST TO DEMOCRACY
1. Public Trust is Collapsing
Afrobarometer’s 2024 report showed trust in courts at one of its lowest points in a decade. When citizens believe outcomes are pre-arranged, they disengage. Voter turnout in 2023 was 27.1% — the lowest since 1999. Apathy and suspicion are linked.
2. The Weaponization of Law
We are seeing a shift: From “law as referee” to “law as combatant.” Legal filings are now used to:
1. Freeze party accounts
2. Remove elected executives
3. Block conventions
4. Create parallel party structures
The PDP factions are a case study. The ADC/NDC matter is another. This is how opposition space is shrunk without a single ballot cast.
3. The Economic Toll
Election litigation is expensive. Parties spend hundreds of millions on SANs. Governments budget for legal defense instead of service delivery. Citizens pay twice: once at the ballot, again in court fees and instability.
SECTION 3: COMPARISON — WHAT OTHER DEMOCRACIES DO
1. Kenya, 2022: All presidential petitions were heard and decided within 14 days by a 7-man Supreme Court bench. The judgment was televised.
2. Ghana: Election petitions have strict timelines. The Supreme Court sits continuously until judgment.
3. South Africa: The Electoral Court is a dedicated bench. Political party disputes are fast-tracked before elections, not after.
Nigeria’s Constitution has similar timelines on paper. The gap is in practice and political will.
SECTION 4: WHAT MUST CHANGE BEFORE 2027
If we go into the next election cycle with the same system, we will get the same absurdities.
1. Judicial Case Consolidation Act.
One political dispute, one court. The Chief Justice of Nigeria must have power to transfer all related suits to a single designated court within 48 hours. No more parallel orders. This would have ended the PDP secretary crisis in weeks, not years.
2. The 90-Day Rule.
All pre-election matters — party primaries, nomination, membership — must be concluded 90 days before the election date. After that, only post-election petitions are allowed.
3. Technology + Transparency
1. Same-day publication of all judgments on NJC portal.
2. Live-streaming of presidential, governorship, and NASS election tribunals.
3. A public dashboard tracking all election cases and timelines.
4. Accountability for Abuse.
Costs must bite. Lawyers who file duplicate or frivolous suits should pay punitive costs. Judges who issue contradictory orders without recusal or transfer should face NJC review.
5. Constitutional Amendment: Electoral Court.
Nigeria needs a dedicated Electoral Court of Appeal — 5 divisions, with strict 60-day timelines. The Supreme Court should be the final court, not the first busy one.
SECTION 5: THE STRATEGIC WARNING
The judiciary is not an enemy of democracy. But when it is perceived as an instrument, democracy bleeds.
What we are seeing now is not new. It is a repeat. In 1983, conflicting judgments helped delegitimize the process. In 2007, “doctrine of necessity” and post-election litigation dominated. In 2023, we saw it again. In 2024-2025, we are watching PDP tear itself apart with court papers.
If we do not reform now, 2027 will be decided more by affidavits than by voters.
CONCLUSION: RESTORE THE COURT, RESTORE BELIEF.
Nigerians do not want perfect judges. We want predictable law.
We want a system where a market woman in Lokoja, a student in Abuja, and a businessman in Lagos can read a judgment and say, “Yes, that makes sense,” even if they don’t like the outcome.
Right now, we are far from that.
The courts must be the last line of defence for democracy, not the first tool for political engineering. If we fail to fix this, we will not have an election problem. We will have a republic problem.
Dr. Tom Ohikere
Public Affairs Analyst / National President, Coalition for Goodluck Jonathan
Abuja, 27 June 2026