Courts Shouldn’t Be Determining Election Outcomes – Obasanjo

Former President Olusegun Obasanjo has criticised the growing involvement of the judiciary in determining election outcomes in Nigeria, questioning whether democracy is fully served when the final decision can rest with a small number of judges.

Obasanjo spoke on Tuesday while chairing the 2026 Goodluck Jonathan Foundation Democracy Dialogue at the Ahmadu Bello International Conference Centre in Bauchi.

The event, which brought together political leaders, former public officials, academics and democracy advocates from Nigeria and other African countries, focused on the theme, “Beyond Elections: Can Political Parties and Judiciary Save African Democracy?”

The former President questioned the democratic implications of a system where millions of citizens vote during an election, but the outcome may later be determined by a handful of judicial officers.

He asked whether it was consistent with democratic principles for the votes of millions of people to be overturned or upheld by the decision of five judges.

Obasanjo also raised questions about the independence of the judiciary and whether judges were able to operate without influence from the government.

He said concerns about the role of the courts in electoral matters raised wider questions about the health of democracy in Nigeria and other African countries.

According to him, democracy should not be measured only by the conduct of elections but also by its ability to improve the lives of citizens.

He said a functioning democratic system should promote the welfare and well-being of the people while ensuring equality, inclusion and a sense of belonging.

Obasanjo also said democracy must protect lives and property and address marginalisation and discrimination.

He argued that the ultimate purpose of democratic governance was to ensure that citizens enjoyed tangible benefits from the system.

The former President further questioned whether political parties were adequately contributing to the development and survival of democracy in Nigeria.

He said the effectiveness of political parties should be examined alongside the role of the judiciary in determining the strength and quality of democratic governance.

Obasanjo’s comments came amid continued debates over the role of Nigerian courts in electoral disputes, particularly cases where election results are challenged after voters have already cast their ballots.

He said the issues raised at the dialogue required serious consideration if democracy in Nigeria and across Africa was to become more responsive to the needs of citizens.