Legal practitioner and Senior Advocate of Nigeria (SAN), Kunle Adegoke, has urged that all election petitions be concluded before the official handover of power, warning that failing to do so risks placing illegitimate leaders in office and eroding public trust in Nigeria’s democracy.
Speaking in an interview on Arise News on Wednesday, Adegoke said the only way to protect the integrity of Nigeria’s elections and the judiciary is to ensure all disputes are settled before any candidate is sworn in.
“If elections are concluded and petitions determined before swearing-in, we will avoid the embarrassment of illegitimate occupants of office,” he said. “It does not make sense that someone who has not been properly declared the winner of an election should be exercising powers when his legitimacy is still being questioned in court.”
He argued that the current system creates instability and undermines justice, as those declared winners often use state resources to defend their positions.
“The problem we have today is that by the time the courts determine who truly won, the person already occupying the office has spent months or even years making decisions that may be invalid in law,” he explained.
Adegoke criticised suggestions to shorten petition timelines, describing such proposals as dangerous to the pursuit of justice. “Reducing the number of days within which you can prove your petition would definitely result in a disaster,” he warned. “You cannot expect lawyers to prove complex cases involving multiple witnesses, documents, and polling data within unrealistic time limits. Justice must never be sacrificed for the sake of speed.”
He also urged judicial officers to focus on the substance of cases rather than dismissing them on technical grounds. According to him, “We must stop sacrificing justice on the altar of technicalities. The courts should not be seen as frustrating justice but as delivering it. The will of the people must be protected.”
Adegoke further stressed that timely determination of election petitions before swearing-in would strengthen the democratic process and ensure stability in governance. “When cases drag on after candidates have assumed office, it creates confusion and weakens citizens’ confidence in both the electoral process and the judiciary,” he said. “If we are truly serious about democracy, then no one should assume power while questions about their legitimacy remain unresolved.”
He concluded by calling for urgent reforms to Nigeria’s electoral laws to guarantee transparency, fairness, and efficiency, saying the system must evolve to reflect the people’s will.
“We can no longer continue to manage elections with laws that allow injustice to thrive,” Adegoke said. “If we truly want progress, then we must insist that justice is done before power is transferred.”
Faridah Abdulkadiri
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