The Supreme Court of Nigeria today affirmed the victory of the Social Democratic Party (SDP) candidate, Natasha Akpoti-Uduaghan, for the Kogi Central Senatorial District by-election. This landmark judgment definitively resolved a protracted legal challenge, solidifying the electoral outcome initially declared by the Independent National Electoral Commission (INEC). The apex court also imposed a significant punitive cost of ₦2 million against INEC for its conduct during the electoral dispute, underscoring judicial displeasure with the commission’s actions.

In its unanimous decision, a five-member panel of justices upheld the earlier verdict of the Court of Appeal, which had also affirmed Akpoti-Uduaghan’s victory. The Supreme Court found no merit in the appeals filed by the All Progressives Congress (APC) candidate, Abubakar Ohere, and INEC, dismissing them for lacking substantial grounds. The court’s pronouncement brings finality to a contested electoral process that began with the February 25, 2023, general elections.

The ₦2 million fine levied against INEC was a direct consequence of what the Supreme Court described as the commission’s “gross incompetence” and “dereliction of duty” in handling the electoral materials and evidence presented during the tribunal proceedings. The justices highlighted instances where INEC’s administrative lapses significantly complicated the judicial review process. This penalty signals a firm stance by the judiciary against electoral bodies that fail to uphold their statutory responsibilities diligently.

The legal battle commenced shortly after the by-election, with the APC candidate challenging the declaration of Akpoti-Uduaghan as the winner by INEC. The initial petition at the Election Tribunal sought to nullify the SDP candidate’s victory, citing alleged irregularities and non-compliance with the Electoral Act. The tribunal, however, dismissed the petition, a decision subsequently reinforced by the Court of Appeal before reaching the Supreme Court as the final arbiter.

Reacting to the judgment, Natasha Akpoti-Uduaghan expressed profound gratitude and relief, describing the verdict as a triumph for democracy and the rule of law. She dedicated her victory to the people of Kogi Central, promising diligent representation and commitment to their welfare in the Senate. Her supporters celebrated the decision across the state, viewing it as a validation of their mandate and a testament to the integrity of the judicial system.

Conversely, the camp of the APC candidate, Abubakar Ohere, expressed disappointment but indicated their acceptance of the Supreme Court’s final decision. While acknowledging the end of the legal road, spokespersons for Ohere reiterated their commitment to democratic principles and urged their supporters to remain calm. This ruling marks a significant moment for the political landscape in Kogi State, as it confirms the representation for the senatorial district.

The Independent National Electoral Commission has yet to issue an official statement regarding the Supreme Court’s ruling and the imposed fine. However, sources within the commission suggest that the judgment and its implications will be thoroughly reviewed internally. The ₦2 million penalty, though not crippling, serves as a stark reminder to INEC about the critical importance of meticulous adherence to electoral guidelines and transparent management of electoral processes.

Legal experts view this judgment as a crucial development in Nigeria’s electoral jurisprudence, reinforcing the judiciary’s role in safeguarding the integrity of elections. It sends a clear message to all parties involved in the electoral process, including INEC, that deviations from established legal frameworks will not be tolerated. This judicial assertiveness is seen as vital for deepening democratic practices and accountability.

The ruling underscores the persistent challenges faced by electoral commissions in emerging democracies, particularly concerning logistical capabilities and the training of personnel. It highlights the need for continuous capacity building within INEC to prevent administrative errors that could undermine the credibility of elections and lead to costly legal battles. This judgment could prompt a reevaluation of operational procedures within the commission.

Beyond the immediate parties, the Supreme Court’s decision contributes to public confidence in the judicial system as a recourse for electoral grievances. It demonstrates that despite the complexities and often contentious nature of Nigerian politics, the courts remain a critical avenue for ensuring fairness and justice in the democratic process, fostering a stronger belief in democratic institutions.

Read Original