A former Resident Electoral Commissioner, Mike Igini, has accused the judiciary of playing a critical role in the subversion of the June 12, 1993 presidential election, warning that Nigeria’s democracy cannot thrive without courts committed to defending the rule of law.
Speaking at the National Democracy Discourse themed, “Re-enacting the Credibility of the June 12 Elections in Nigeria: 2027,” held on Friday in Lagos, Igini said judicial interventions before and after the historic election contributed significantly to its eventual annulment.
The discourse was convened by the Movement for Credible Elections in conjunction with the June 12 Pro Democracy Movement of Nigeria, as part of events marking this year’s Democracy Day.
According to Igini, despite provisions of the electoral decree in force at the time expressly barring courts from stopping the conduct of elections, some judges entertained suits that undermined the process.
“The judiciary played a terrible role in subverting June 12,” he said.
Igini recalled that the now-defunct Association for Better Nigeria, led by Abimbola Davis and Arthur Nzeribe, approached a court to halt the election despite the provisions of Decree No. 13, which prohibited such orders.
“Lawyers, using an unregistered body, approached the court. Justice Bassey Ikpeme, at about 10pm on June 10, gave an order stopping the election,” he said.
He, however, noted that the then Chairman of the National Electoral Commission, Prof. Humphrey Nwosu, proceeded with the poll after obtaining a contrary order from a Lagos High Court judge directing that the election should continue.
“Thank God Justice Moshood of the Lagos High Court gave an order that the election should continue, and the election was held. MKO Abiola was coasting to victory,” he added.
Igini said judicial interference persisted after the election as courts were again used to halt the announcement of results.
“When the results started coming in, lawyers again went to court to stop the announcement. The Chief Judge of Abuja, Justice Dahiru Saleh, gave an order stopping the release of the results,” he stated.
He said Nwosu appealed the ruling but lamented that the judiciary failed to uphold the sanctity of the ballot at a critical moment in Nigeria’s democratic history.
“If there is any sign of the subversion of democracy, it is the failure of the judiciary to stand tall and mighty in defence of the rule of law and our democracy. Our judiciary has been a failure in this regard,” Igini said.
He further argued that the judiciary had historically failed to protect electoral mandates, citing the handling of election disputes dating back to the Second Republic.
“Historically, the judiciary has never been on the side of the sanctity of the ballot in Nigeria. Even when Abiola went to court, they refused to assign his matter during that period,” he alleged.
Looking ahead to the 2027 general elections, Igini stressed that democratic progress would remain elusive without an independent judiciary capable of resisting political pressure.
“Democracy has no hopeful future if you don’t have a judiciary that is ready to stand tall and mighty in defence of democracy,” he said.
The former electoral commissioner also criticised several provisions of the Electoral Act, which he said weakened electoral transparency and accountability.
He alleged that amendments to the law had made electronic transmission of results optional, weakened safeguards against ballot manipulation and granted undue protection to election officials accused of violating electoral procedures.
“Whenever obedience to the law becomes optional, the law will die. That is what they have done at the moment,” he said.
Igini urged Nigerians to emulate the civic commitment displayed during the June 12 election by actively participating in the electoral process and defending their votes.
“The most important lesson of June 12 is that Nigerians took ownership of the process. The people came out and defended their mandate,” he said.
He maintained that while technologies such as the Bimodal Voter Accreditation System and the INEC Result Viewing Portal could enhance electoral integrity, the ultimate success of any electoral process depended on the integrity of institutions and the individuals responsible for implementing the law.
“Good laws not backed by committed people will take no country anywhere. But even inadequate laws implemented by men and women of integrity will move a country forward electorally,” he added.
Others who spoke at the discourse were the SDP presidential candidate, Adewole Adebayo; former minister, Solomon Dalung; National Chairman of the SDP, Sadiq Gombe; activists and scholars, Prof. Odion Akhaine; National Coordinator of the Obidient Movement, Yunusa Tanko; and veteran activists including Dr Tunji Abayomi, Wale Okunniyi, Olusegun Maiyegun and Emeka Ugwu-Ojo.
They noted that June 12 would not be fulfilled except there is an administration that ensures good governance.
They decried the failure of all indices of human development under the President Bola Tinubu administration, praying that rather than politics of division and diversion, Nigerians become united by their problems and dreams of a prosperous nation.
Ahead of the 2027 general election, they noted the need for mass orientation and a mass movement of Nigerians, especially young people, to demand good governance.
Before arriving for the discourse, the attendees paid tributes to the late MKO Abiola at his Ikeja residence.
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