Former President Goodluck Jonathan has warned that Nigeria’s democracy faces a growing legitimacy crisis if courts continue determining election winners instead of voters at the ballot box.
Jonathan made the remarks on Wednesday during the opening ceremony of the Nigerian Bar Association Abuja Law Week 2026 held at the NBA House in Abuja under the theme, “Safeguarding Nigeria’s Democratic Process.”
Speaking as Special Guest of Honour, the former president expressed concern over the increasing dependence on post-election litigation, saying politicians now head to court after elections because they believe judicial outcomes can overturn the will of the people.
According to him, election disputes should lead to fresh polls rather than courts declaring winners.
“The judiciary will do their work, but they should not declare any candidate. If they are not satisfied with the process of the election, then they should go back to the field. Let the ballot decide who wins,” Jonathan stated.
Drawing comparisons with South Africa, Jonathan recounted a conversation with a former South African deputy president who expressed surprise that Nigerian politicians routinely challenge election results in court.
“She asked me, ‘Why would somebody go to court after losing an election?’ In South Africa, going to court after losing an election is strange. While in Nigeria, not going to court is strange,” he said.
Jonathan also questioned the structure of Nigeria’s electoral dispute resolution system, noting inconsistencies in how presidential and governorship election petitions are handled.
“Governorship election takes three levels, tribunal, Appeal Court and Supreme Court. Presidency takes two. Are you telling me electing a governor is more important than electing a President?” he asked.
The former president lamented Nigeria’s low voter turnout despite being Africa’s most populous nation, urging the Independent National Electoral Commission to investigate the deeper causes beyond voter apathy.
He further condemned the rise of political thuggery, describing it as a profession that undermines democracy and national values.
“Nigeria is the only country where thuggery is a profession. Some thugs, when they are travelling out of this country, fly first class while university professors struggle to buy economy tickets. That country is like a canoe turned upside down,” he said.
Jonathan called on the NBA and the National Assembly to review Nigeria’s electoral and judicial laws and proposed the establishment of a Constitutional Court dedicated solely to electoral disputes.
In his keynote address, former Attorney General of the Federation, Mohammed Adoke, warned that public trust in elections was steadily declining despite over two decades of uninterrupted civilian rule.
Adoke cited the 2023 general elections, which recorded a voter turnout of just 27 per cent and widespread electoral violence, as evidence of weakening democratic confidence.
“Vote-buying has transformed elections into economic transactions rather than democratic choices,” he said.
He also criticised political parties for allegedly imposing candidates and relying excessively on courts to settle political disputes.
“The phrase ‘go to court’ has become a silent reminder that the electorate’s participation in determining leaders is gradually eroding,” Adoke stated.
President of the Nigerian Bar Association, Afam Osigwe, described the increasing role of the judiciary in electoral outcomes as troubling, warning that democratic power must never be attained through violence, thuggery or manipulation.
He praised Jonathan’s peaceful concession of defeat in the 2015 presidential election, urging political actors to embrace the same democratic spirit ahead of the 2027 general elections.
