There was a time in this country when election cases could last more than 5 years. Even when you win, the 4 years tenure is over. So you can’t be sworn into office. These were very dark days in election litigation in Nigeria.

So many Nigerians, civil societies and rights advocates pressed for a Constitutional amendment to the effect that all election cases should be handled based on strict timelines. It was advocated that there should be strict timelines for handling election cases such that everything relating to them must be concluded within 180 days. It should be filed within 21 days and all that and all that. The reason is that whoever wins should be able to enjoy the tenure of office without prolonged litigation. Beautiful idea!

Now, this is the reason why the time for doing anything at all in an election case cannot be extended expanded or prolonged for any reason at all. This is because the moment you start extending the time for anything at all in an election case, then we will go back to the dark days of unending election litigation where an election case will not be concluded even after the 4 years tenure.

If you extend time for the Petitioners, the Respondents will also ask for an extension of time. Then, the Petitioners will ask for another time and the Respondents will further ask for more time and the case can keep going on without end. This is why normal civil cases take an average of 8-10 years before it is finally decided by the Supreme Court.

The decision of the Supreme Court today 26th October 2023 that no time will be extended for Atiku to bring fresh evidence of forgery of Chicago State University Diploma is in the overall interest of justice that time cannot be extended in election cases no matter what. Otherwise, cases will last in court beyond even the 4 years tenure.

This will help us avoid castigating the judiciary for doing exactly what we asked them to do. You can’t insult a man for doing the right thing.

This case has also shown that our election cases are concluded faster than cases in the United States of America. Atiku was only looking for an ordinary affidavit evidence from Chicago and the case lasted for more than 180 days without him getting the document in time. This is despite telling the US judicial system that he urgently needs the document to come and prove his case in Nigeria which is time-bound. The US judicial system failed to release the document in time for Atiku within the 180 days permitted by Nigerian Law. We now want to blame the Nigerian judiciary for insisting on strict timelines for election cases when it was the US judicial system that delayed them. Our mumu no too much?

All the documents needed by Atiku from Nigerian authorities were received within time. The only document he needed from the US could not be gotten within time. Keep deceiving yourself that their system is better than our own.

On IREV, the Supreme Court agreed that it is part of the election process to give confidence in the election process. Its failure however does not add or reduce the votes of Atiku or Tinubu. Election is about numbers and the results are reproduced in the following ways to ensure no one changes it:

1. Hard copy with INEC
2. A pink copy was given to the Police
3. Duplicate copies given to party agents
4. IREV copy shown to the public.

If any of these is destroyed or missing or failed, you can use the other one to confirm the result. All the other first 3 versions of the results are available and by the first 3, Tinubu won the election.

The failure of IREV did not in any way affect the figures in the first 3 versions of the results. This is not only logical but commonsensical. Otherwise, how can you argue that the failure of IREV affected the results that were given to PDP party agents at the polling units? That’s too funny 😅
The failure of IREV can never ever affect what is written in hard copy and given to your party agents at polling units.

The mistake most politicians make is that they don’t understand our election laws and don’t engage experts to guide them at each step of the way. When they fail then boom, the regular line will be ‘Nigerian judiciary is corrupt’. That’s very unfortunate. I always say that we have very good Judges, lawyers, policemen etc. Only a few may be bad eggs. In this case, I don’t think the decision is wrong.

I believe in Nigerian Laws and I believe we can make it better.

P. D. Pius, Esq., ACIArb.(UK)
Abuja, Nigeria