• About
  • Advertise
  • Contact
Wednesday, July 2, 2025
  • Login
Vital News
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
Vital News
No Result
View All Result
Home Judiciary

Richard Akinjide’s Hindsight : Why You Can’t Win Presidential Election Petition by Jide Ajani

Vital News by Vital News
March 13, 2023
in Judiciary, Opinion
0
Kogi vs EFCC : Agbakoba Heads To  Court To Challenge Scope Of Powers Of EFCC
Share on FacebookShare on Twitter

Richard Akinjide’s Hindsight : Why You Can’t Win Presidential Election Petition

By JIDE AJANI

In matters of election petitions, Richard Osuolale Abimbola Akinjide remains a legend.

Having successfully determined the letters and spirit of the Electoral Decree of 1977, proving to the courts that Section 34 (A) (l) (c) (ii) of the Electoral Decree, means that two-thirds of a state is synonymous with votes cast in two – thirds of votes cast in the territorial or physical areas of the state and, thereby, handing Usman Aliyu Shehu Shagari the presidential election victory of 1979, Akinjide remains very relevant to jurisprudential matters in Nigeria.

Practising his law at over 70 years, Akinjide still appears in court – he’s about the most visible minister in the Second Republic who is not only in politics but has his professional calling as first love.

RelatedStories

Defamation: Popular Ibadan Female Islamic Scholar, Kafilat Kaola, Remanded In Kwara Prison

Chief Judge Drags Osun State Attorney General, Wole Jimi – Bada Before LPDC Over Alleged Misconduct

NJC Orders Compulsory Retirement Of 10 Imo Judges Over Age Falsification

Prison Decongestion : 174 Inmates Regain Freedom In Oyo

Therefore, Sunday Vanguard decided to seek his opinion on the seeming futility of a political party pursuing an election petition in a presidential election, especially in the face of the punishing Doctrine of Substantial Compliance.

This legal luminary agreed with Sunday Vanguard that an election petition at that level is no more than a fool’s errand (Read Prologue) – a wasted effort

Excerpts:

Can we have a flawless election anywhere in the world?

No! Anywhere in the world, whether it is Europe, America or even in Africa, it is accepted that in a normal democracy, it is impossible to conduct a flawless election. It is humanly impossible and that is why you have the doctrine of substantial compliance that is written into all election laws in all countries.

The doctrine of Substantial Compliance! What does it mean?

With the doctrine of substantial compliance, it is implicit and conceded that there must be flaws in the election but that once there is substantial compliance, then the election should be accepted as having substantially complied with the laws and the return should not be upset.

But why shouldn’t an election be upturned if there are flaws?

If you look at what happened in 1960 in the United States when John Fitzgerald Kennedy defeated Richard Nixon, there were flaws in the election in Chicago; there were flaws in the elections in Texas. The majority of Kennedy over Nixon was very thin and supporters of Nixon urged him to file a petition but Nixon said no.

He explained that if he filed an election petition and he won, it would damage, forever, the United States and the legitimacy of the office of the president of the United States.

Nixon went on to say that it is better for Nixon not to be president than for an American institution to be damaged and, therefore, he refused to file a petition against Kennedy’s victory in 1960 – I was in New York at that time. This is a lesson which our leaders here should learn.

But there is a difference between the two countries…?

Yes, there is a difference and the difference between the United States and Nigeria is that the United States is a nation while Nigeria is a country and not a nation.

Many people who file election petitions here don’t look at it from a national perspective but from a sectional point.

You want to be president of Nigeria and not the president of the East, West or Delta or North and that is the critical difference between us here and the countries of the West.

Let’s even find out, would you take a case to appeal an election victory or a presidential election at that? Would you come forward and prove that an election did not substantially comply with the provisions of the law?

Is that based on principles or on the understanding of the letters and spirit of the law?

I will not and the lawyers who are advising the would-be petitioners should be very, very careful and also put not only the law into consideration but also the national interest and the consequences of any debacle.

That an election was flawed and a winner has emerged is enough debacle! So, what other debacle?

Good question! The new president has to summon the first meeting of the National Assembly and that is the Senate and the House of Representatives.

Now, if there is no president, the National Assembly can not meet and the previous president can not summon that assembly because his term has expired so he can not. It is the new president that would do it.

So, in the event that there is no president who would do it! There would be total anarchy and chaos in the land. The same thing applies in the state where the new governor is expected to inaugurate the state house of assembly.

That doctrine…?

Apart from the Doctrine of Substantial Compliance, there is also a Doctrine of Consequences, the Doctrine of Consequences, was applied during the election debacle between George Bush and Al Gore because of the problem of Florida.

The United States can not afford not to have a president and by voting of five to four, the United States of America’s Supreme Court said Bush was validly returned and the moment the court said that Gore just picked up his phone and called up Bush to congratulate him and with that call gave validity and legitimacy to Bush as president.

These are the things we should learn and not party interest or personal interest or sectional interest.

Within the context of our own environment and contestation for power, we have heard politicians say openly that they would rather rig and win rather than be the one to file a petition, that they would rather be the defendant of a flawed electoral victory than be the litigant who would be saddled with the burden of proving that an election did not substantially obey the law.

In this context, is the law not creating an environment where people would just go ahead to rig, win and wait for the other party to come and prove that there was no substantial compliance?

If you look at the process in Europe, the United States and other civilised countries, they put a searchlight on aspirants.

This is because the private lives of a would-be public servant is of national interest because those countries would not want to put a crook in power, one that would put sectional or private interests above national interests or the common good.

Therefore, in my view, the present electoral law is too cumbersome, it should be simplified and emphasis should be placed on character and on national interests.

India as the greatest democracy in the world, you would not hear some of this rubbish we seem to be used to here. You will not see somebody in office after a year or two and an election petition is still going on; that is absolute rubbish. But it is not the fault of the people it is the law. During the Tafawa Balewa and Shehu Shagari time, the electoral law was simplified and simple such that all election petitions are concluded before swearing-in.

Our laws say the litigant must prove that the elections are flawed. Using substantial compliance doctrine, how easy would it be for a litigant to prove that an election did not substantially comply in a presidential election in Nigeria?

The law is the law because when you go to court even on any matter, you must prove your case.

The onus is on you whether it is an election matter or a land matter you’ve gone to court so you must prove your case. When you say somebody has stolen money, you must prove it. So when you go to court to say an election was flawed, then you must prove your case.

In 1979, the contention was about what constitutes two-thirds. Give a summary of that great trial?

My defence against Chief Awolowo’s petition was predicated on three critical points. One is that there was total compliance in accordance with the electoral law. In the alternative, there was substantial compliance.

Thirdly, in any event, the electoral petition and the reliefs sought were flawed and Justice Otutu Obaseki highlighted that very thoroughly.

So, from the point of view of total compliance or substantial compliance or the way the petition was presented, we won.

Professor Reid, of the University of London, wrote to me and also told me that what I did has made a notable contribution to constitutional law all over the world.

There is no doubt that the case of Awolowo Vs Shagari has been cited in many electoral petition cases in the country because I hear of some rubbish in some places that the judgment should not be cited. That is absolute rubbish. (Vanguard, March 12, 2023)

Tags: CourtElectionpetitionRichard
Previous Post

Ex-Super Falcons Coach, Ismaila Mabo, dies at 80

Next Post

NLC Gives FG 7-Day Ultimatum To End Naira, Fuel Crises Or Face Strike Action

Vital News

Vital News

RelatedStories

Defamation: Popular Ibadan Female Islamic Scholar, Kafilat Kaola, Remanded In Kwara Prison
Judiciary

Defamation: Popular Ibadan Female Islamic Scholar, Kafilat Kaola, Remanded In Kwara Prison

June 30, 2025
Chief Judge Drags Osun State Attorney General, Wole Jimi – Bada Before LPDC Over Alleged Misconduct
Judiciary

Chief Judge Drags Osun State Attorney General, Wole Jimi – Bada Before LPDC Over Alleged Misconduct

June 30, 2025
Gender Equity In Judiciary : Lagos, Kano Lead In Female Judge Appointments
Judiciary

NJC Orders Compulsory Retirement Of 10 Imo Judges Over Age Falsification

June 27, 2025
Prison Decongestion : 174 Inmates Regain Freedom In Oyo
Judiciary

Prison Decongestion : 174 Inmates Regain Freedom In Oyo

June 26, 2025
Timileyin Ajayi To Die By Hanging For Killing Salome Adaidu
Judiciary

Timileyin Ajayi To Die By Hanging For Killing Salome Adaidu

June 26, 2025
Next Post
NLC Gives FG 7-Day Ultimatum To End Naira, Fuel Crises Or Face Strike Action

NLC Gives FG 7-Day Ultimatum To End Naira, Fuel Crises Or Face Strike Action

Fire Destroys N23.3bln Property In 3 Months

Adeleke Rejects Tribunal Verdict, Heads to Appeal Court

Adeleke vs Oyetola : Appeal Court Reserves Judgment In Osun Governorship Tussle

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Follow Us

Recommended

Situation Room Trains 79 Election Observers In Kogi

Situation Room Trains 79 Election Observers In Kogi

2 years ago

History as Aisha Ahmed trounced Bindow, Ribadu to clinch Adamawa APC governorship ticket.

3 years ago
NMA Directs Members To Comply With IG’s Directive On Treatment Of Gunshot Victims

NMA Directs Members To Comply With IG’s Directive On Treatment Of Gunshot Victims

2 years ago

Appeal Court orders reinstatement of 118 workers sacked by Ekiti varsity

3 years ago

Instagram

    Please install/update and activate JNews Instagram plugin.

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

Topics

Abiodun Abuja APC arrest Atiku Bandits Bello Benue Buhari CBN cement Court Dangote death drugs Economy EFCC Election elections FG gunmen Hajj INEC Kano kidnap Kill Kogi Kwara Lagos NDLEA Niger Nigeria Ododo Ogun Oyo PDP Police Power refinery rescue road Security students Tinubu Women
No Result
View All Result

Highlights

Kogi , ECN Partner On Clean Energy Transition

Sam Ogbuku Embarks On Dollar Rain In Bayelsa State Over Governorship Bid

Experts Laud Dangote Refinery On Deployment Of 4,000 CNG Trucks For Free Distribution Of Petrol, Diesel

Six Lagos Traditional Rulers Deposed For Attending Labour Party Campaign Rally

Defamation: Popular Ibadan Female Islamic Scholar, Kafilat Kaola, Remanded In Kwara Prison

Excitement As Aliko Dangote Foundation Distributes Free Rice In 30 Host Communities

Trending

IGP Reiterates Ban On Public Parade Of Suspects
News

Gunmen Invade Meeting Venue In Anambra, Kill 10 People, Injure 9 Others

by Vital News
July 1, 2025
0

Tragedy struck in Ogboji, Orumba South Local Government Area of Anambra State, as gunmen in two Sports...

Tajudeen Dantata, Dangote, Ministers, Governors, Ganduje, Emirs, Barau Jibrin, Present As Alhaji Aminu Dantata Is Buried In Saudi Arabia

Tajudeen Dantata, Dangote, Ministers, Governors, Ganduje, Emirs, Barau Jibrin, Present As Alhaji Aminu Dantata Is Buried In Saudi Arabia

July 1, 2025
NNPCL Unveils New Senior Management Team

$2.8billion AKK Gas Pipeline Project Crosses River Niger – NNPCL

July 1, 2025
Kogi , ECN Partner On Clean Energy Transition

Kogi , ECN Partner On Clean Energy Transition

July 1, 2025
Sam Ogbuku Embarks On Dollar Rain In Bayelsa State Over Governorship Bid

Sam Ogbuku Embarks On Dollar Rain In Bayelsa State Over Governorship Bid

July 1, 2025
ADVERTISEMENT
Vital News

Vital News is an online newspaper with a mission to uphold professional journalism by reporting and publishing only facts and figures-based news reports across Nigeria and beyond.

Recent News

  • Gunmen Invade Meeting Venue In Anambra, Kill 10 People, Injure 9 Others July 1, 2025
  • Tajudeen Dantata, Dangote, Ministers, Governors, Ganduje, Emirs, Barau Jibrin, Present As Alhaji Aminu Dantata Is Buried In Saudi Arabia July 1, 2025
  • $2.8billion AKK Gas Pipeline Project Crosses River Niger – NNPCL July 1, 2025

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

© 2022 Vital News - . All Rights Reserved.

No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security

© 2022 Vital News - Vital News by Vital News.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In