Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has declared that the judiciary should not be allowed to determine the winners of elections in Nigeria, warning that the growing involvement of courts in electoral outcomes is making a mockery of the will of the people. Falana made the statement on Wednesday, August 26, 2026, during an interview on Arise Television's Sunrise Daily, where he addressed the role of the judiciary in Nigeria's electoral process ahead of the 2027 general elections.
Falana argued that the practice of allowing courts to decide who becomes governor or president must stop. "For me, the first matter to address is the role of the judiciary in the electoral process in Nigeria. We must stop the practice whereby the court determines the winners of the election in Nigeria," he said. He insisted that the judiciary should not be permitted to hide behind technicalities to overturn the popular choice of the electorate. According to the senior lawyer, there is no indication yet that the Nigerian judiciary is adequately positioned to handle the challenges that could arise from the 2027 elections, which are scheduled to take place in January and February next year.
Using the recently concluded Osun State governorship election as a reference point, Falana said the outcome should be respected because voters had already made their decision at the ballot box. "We just had an election in Osun State; forget all the shortcomings, at the end of the day, the beauty of it will be that the governorship election will not go to court because the people have decided, they have elected their leader," he said. He maintained that no court should be allowed to hide under technicalities to make a mockery of the people's choice.
Falana stressed that the solution lies in ensuring that elections are conducted properly from the start. He called on the Independent National Electoral Commission, the media, and all concerned Nigerians to work together to ensure that elections are conducted without irregularities and that no fake results are announced. "We must start with the conduct of good elections so that our courts are limited in the democratic process," he said. He added that reducing election-related cases before tribunals and regular courts would begin with improving the quality of elections conducted by INEC.
The human rights lawyer's comments come amid growing concerns over the increasing number of electoral disputes that end up in court, with some observers warning that judicial interference in political party affairs could lead to a one-party state. Falana had earlier warned that Nigeria risks having only one presidential candidate in the 2027 election if the judiciary continues to interfere in the internal affairs of political parties. His latest remarks reinforce his position that the courts should play a limited role in the democratic process and that the will of the voters must be protected from being overturned on technical grounds.
As the 2027 elections draw closer, Falana's call for a reduced judicial role in electoral outcomes is likely to spark further debate among political stakeholders, legal practitioners, and civil society organisations. For now, the message from the senior advocate is clear: the courts must stop being the final arbiters of elections in Nigeria, and the people's choice at the ballot box must be respected.
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