Prominent human rights lawyer and former Chairman of the National Human Rights Commission, Professor Chidi Anselm Odinkalu, has issued a stirring call for urgent reform of Nigeria’s electoral legal framework, advocating for the direct participation of voters — the real stakeholders — in post-election court proceedings.
Speaking at the launch of his latest book, The Selectorate: When Judges Topple the People, in Abuja, Prof. Odinkalu decried the current jurisprudence that restricts locus standi in election petitions exclusively to political parties and their candidates. He described this as a systemic disenfranchisement of the Nigerian electorate, who, despite casting the votes in question, are denied a voice in defending their choices.
“Our votes are not negotiable,” Odinkalu declared to a captivated audience. “If it’s about our votes, then the people, ordinary citizens should have a legal right to participate in the election petition process. You cannot exclude the electorate and say it’s only the candidates and parties that matter in court. We are the ones who queued to vote.”
The new book — a trenchant critique of the judiciary’s perceived overreach and politicisation in electoral matters — argues that courts have, too often, undermined democratic outcomes by pronouncing rulings that overturn the people’s will without public accountability.
“I feel violated as a citizen when judges determine my vote and I’m told to just accept it. Lawyers like myself will tell you the Supreme Court has spoken — but the Supreme Court doesn’t vote. The people do. Supreme Court judges don’t vote, so defend your votes,” he said.
Drawing parallels between voters and local governments in constitutional litigation, Odinkalu noted that those most affected by governance decisions are routinely excluded from legal proceedings.
“In cases of local government autonomy, the Federal and State governments argue, but local governments — the real victims — are not even invited. The same thing happens with voters during election disputes.”
The former NHRC Chairman urged Nigerians to organize politically and assert their place in the democratic process beyond the ballot box.
“We don’t have to win the case. But if the people show up at the courts en masse, even without being parties to the case, it sends a powerful political signal. We must organize, protest, and insist on our right to defend our votes.”
“Victory doesn’t have to be judicial; sometimes, it must be political. We need to put ourselves in the conversation — not just as voters on election day, but as defenders of democracy every day after.”
Odinkalu’s intervention has been widely lauded as a clarion call for deeper civic participation and a reimagining of electoral justice, especially in the face of mounting public distrust in Nigeria’s democratic institutions.
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