By Obinna Ejianya (9News Nigeria – Melbourne, Australia)
Democracy, in its true essence, is the government of the people, by the people, and for the people. It is a system where power rests with the citizens, and decisions are made based on their will. However, the case is not the same in Nigerian democracy, where power has gradually shifted from the electorates to the judiciary. In this article, we will explore the troubling trend of Nigerian democracy being imposed on the people by the judiciary, rather than being a government for and by the people.
The concept of democracy is rooted in the Greek words “demos” meaning people and “kratos” meaning power. Democracy is the power of the people, a system in which the will of the people is the driving force behind governance. However, in Nigerian democracy, this ideal has been undermined, with power shifting from the electorates to the judiciary. This has resulted in a loss of confidence in the electoral system and a need for urgent reforms to restore the people’s trust in the democratic process.
The Erosion of Electoral Power
During elections, Nigerians pass through the valley of the shadow of death in order to perform their civic duties as electorates. They rigorously follow due electoral process, ensuring they cast their votes as to democratically choose the person that will lead them, only to see the election outcomes decided by court judges of diverse strata.
Whether it’s the people’s mandate or not, the judge has spoken and so shall it be. If this occurrence happened once in a while, then I do not have to ponder on writing this, but when it became a norm in my country, the “Go to court” mantra used by politicians who enjoy the impunity to break the electoral laws and acts, knowing with full alacrity that no matter what, they will smile home from the court as winners.
In a functioning democracy, electoral seats and powers are granted by the electorates through the voting process. However, in Nigeria, the judiciary has taken over this role, with the high court, appeal court, and supreme court deciding the final candidate for many elections. The electorates may cast their votes, but ultimately, it is the judges who determine the winner. This erosion of electoral power raises serious concerns about the transparency and fairness of the electoral system.
The Role of the Judiciary in Post-Election Matters
In Nigeria, many elections are now contested in the courts, rather than being resolved through the voting process. This trend highlights a lack of trust and confidence in the electoral system, as the final outcome of an election often hinges on the decisions of the judges. The adversarial nature of these court battles further fuels malpractices, thuggery, and ballot snatching, as politicians seek to gain an advantage through any means necessary.
The dubious politicians who break the laws and do everything possible to see that the election result go their way, also know that no matter how you may challenge the election result in the court of law, they will still have their way. If the judiciary won’t have the back of the dubious politicians, then they would have been left with nothing than play by the rule of the electoral system. But knowing fully well that the judiciary will transact for their victory, they move on to manipulate and do all sorts of illegality and electoral malpractices to see that they come on top.
This erosion of trust in the electoral system can have far-reaching consequences for the future of Nigerian democracy.
The Consequences of Judicial Intervention
The increasing role of the judiciary in determining electoral outcomes has significant consequences for the sociopolitical consciousness of the Nigerian people. The judiciary’s decisions can result in the installation of an unpopular and illegitimate government, which goes against the will of the people. The court, as an institution, should consider the importance of legitimacy and popularity in their decision-making process. After all, every institution is established on the back of the people, and the law should never impede their will.
The Importance of Legitimacy and Popularity
Democracy is built on the principle that the people have the right to choose their leaders. Therefore, it is essential that the judiciary upholds and protects the will of the people in their decisions. Legality, while important, should not be prioritized over legitimacy and popularity. The political and social consequences of the court’s decisions must be carefully considered, as they can have a profound impact on the nation. The law should serve the people, not the other way around.
Striking a Balance
While it is crucial to uphold the rule of law, it is equally important to ensure that the law serves the best interests of the people it was created to protect. The law should not be a stumbling block to the progress of society but a tool for ensuring order and progress. Judges should weigh the importance of legality against the will and desires of the people. Technicalities and procedural matters should not overshadow substantive issues that affect the legitimacy and desires of the citizens.
Strengthening Democratic Institutions
To address the erosion of Nigerian democracy, it is essential to recalibrate and strengthen democratic institutions. The judiciary is a crucial component of the democratic process, but its role should be to uphold the will of the people, not override it. All stakeholders, including the government, the Independent National Electoral Commission (INEC), and the courts, must work together to restore trust in the electoral system. The rights of the people must be protected, and their voices must be heard.
The Way Forward
Nigerian democracy stands at a crossroads, where the balance of power between the electorates and the judiciary hangs in the balance. It is imperative to protect the will of the people and ensure that their votes count. The judiciary must prioritize legitimacy and popularity in their decisions, considering the political and social consequences of their actions. The people’s rights and aspirations should be at the forefront of every decision, as they are the ultimate source of legitimacy and power.
In conclusion, Nigerian democracy has experienced a troubling shift in power, with the judiciary playing an increasingly dominant role in determining electoral outcomes. This erosion of electoral power raises concerns about the transparency and fairness of the electoral system, as the final decision is often in the hands of the judges. It is essential to restore trust in the electoral system and strengthen democratic institutions to protect the will of the people. Nigerian democracy should be a government for the people, by the people, and for the people, not imposed on the people by the judiciary.
By Mr Obinna Ejianya (9News Nigeria – Melbourne, Australia)
