By Marvellous Nyang
April 8, 2026
Former Vice President, Prof. Yemi Osinbajo, SAN, has called for deeper reflection on how the Supreme Court of Nigeria is perceived in electoral disputes, warning that constitutional finality of judgments is not sufficient unless matched with public confidence and legitimacy.
He made the remarks during a fireside chat titled “Guardians of the scale: Independent courts, trusted justice and a stronger nation,” held at the 2026 Annual Conference of the Nigerian Bar Association (NBA) Section on Legal Practice in Lagos.
Osinbajo noted that while the Supreme Court remains the final arbiter in electoral matters under Nigeria’s constitutional framework, its authority must be continually reinforced by trust from citizens whose democratic choices are often affected by its decisions.
He stressed that finality in law does not automatically translate into acceptance in the court of public opinion, arguing that the credibility of the judiciary depends as much on perception as on legal correctness.
According to him, electoral disputes place a unique burden on the judiciary because they directly shape political leadership and determine governance outcomes, making fairness, clarity, and consistency essential in judicial reasoning.
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Osinbajo also expressed concern over what he described as public unease following controversial election judgments, noting that situations where court decisions appear disconnected from electoral outcomes can create a legitimacy gap that weakens democratic confidence.
He referenced past electoral rulings as examples of the complex tension between strict legal interpretation and the expressed will of the electorate, arguing that remedies in such cases must be carefully considered to avoid perceptions of substitution of voter choice.
The former Vice President further warned against inconsistencies in judicial reasoning across election-related cases, saying such disparities risk undermining legal certainty and eroding confidence in the justice system.
He added that strengthening judicial integrity requires reforms in appointment processes, adherence to precedent, and improved accountability mechanisms, alongside stronger ethical responsibility from legal practitioners whose advocacy influences outcomes.
Osinbajo maintained that Nigeria’s democratic stability depends on a judiciary that is both authoritative and widely trusted, insisting that electoral justice must balance constitutional finality with public perception of fairness.
He concluded that justice must not only be delivered but must also be seen to be grounded in fairness, particularly in electoral matters that define national leadership and public trust in democratic institutions.
