Lawal v. APC [2019] 3 NWLR (Pt. 1658) 86 at 106, paras. B-E, per Bage, JSC:

“One thing I must say before concluding this Judgment is that our gentlemen and women in the business of politics must now start to learn to accept and concede defeat at elections, there will always be a winner at every contest. Now, I say this being mindful of the rights to pursue litigation to whatever level where a person feels aggrieved. But what is obtainable now is a stint short of desperation, if not a full-blown manifestation of it. In the instant appeal, we see members of the same political party litigate a point, which is moot to the apex Court. No game spirit, no sportsmanship, no brotherliness; just unending contests including litigation. The trend is not healthy for our nascent democracy and I make bold to say this must stop. The purpose of politics ought to be the pursuit of office with the aim of bringing good governance and dividends of democracy to the people, with this in mind, it should not be difficult to politicians to, where possible, work hard to resolve their differences, support one another with good things that brings progress to the nation, and to end this unending litigations that arise over the least of political misunderstandings.”

Notes:

The Supreme Court is highly commended for the above wonderful homily.

The reality however is that the current political climate of Nigeria (underscored by malpractices, bad faith, and all sorts of unlawful practices usually from both ends) is such that it is virtually impossible for a person not to feel terribly aggrieved after losing an election. The actual level of the desperation on the part of our politicians identified by the Supreme Court can only be better understood when one considers the huge financial implication of contesting an election in Nigeria. From the very top, and down to the grassroots, money travels like sunlight. When a political aspirant coughs, money must fall out, else, he would be condemned to defeat from the very start.

Again, from all we have seen and continue to see, the purpose of politics in Nigeria is no longer for the aim of bringing good governance. No. Politics in Nigeria is now a full-time business and a serious form of financial investment where those who are vying for political offices hope to recoup massive return on investment. A loser in an election in Nigeria is like a merchant whose ship carrying hundreds of 40 ft containers drowns in an Indian or Pacific Ocean. His investment and those of other investors (who usually look forward to top appointments) are all gone. Such a merchant would fight till the end, through litigation and other means, to reclaim his ‘stolen mandate’. The Company, ‘Nigeria Plc’, is one huge Company where many of the managers at all levels and branches are desperately aiming to rip-off the Company even at the detriment of the true Company owners and other stakeholders.

Unfortunately, what his Lordship, Bage, JSC, might not know is that the ‘evil’ in Nigerian politics cannot stop by simply making an Order such as, “I make bold to say this must stop”. It is better to consider this as a call to the Nigerian people and all stakeholders to stand up and consciously fight for the end of the unhealthy and ugly trend in Nigerian politics. We must begin by holding the least political office holder accountable for the discharge of the duties expected of him or her. We must stop eulogising politicians, kneeling at their feet for crumbs especially during elections. Our traditional rulers must stop desecrating their palaces by longing for and demanding for money in exchange for their integrity. Our elites must organise themselves to retrieve power from thugs and touts who are, unfortunately, called “gentlemen and women” today. Nigerian citizens must be re-educated and given proper orientation about democracy and the electoral process. We must stop all forms of vote buying (and selling) in whatever guise. One can go on and on. The Nigerian situation is not totally hopeless, nonetheless. But the work required to be done is incredibly huge and tough too.

Until then, conceding defeat in an election in Nigeria is not an easy one. The former President of Nigeria, President Goodluck Jonathan, must therefore be remembered forever for that Telephone Call, conceding defeat. It was not only exemplary but highly commendable. Interestingly, four years later, the candidate of the Peoples Democratic Party, Atiku Abubakar, filed a petition against President Muhammadu Buhari who was declared winner of the February 23, 2019 Presidential Election. Atiku is perfectly within his right to challenge the outcome of the election and was not bound to follow the footsteps of President Jonathan.

Although, as the Supreme Court noted, challenging the outcome of an election by litigation remains a right, our politicians must ensure that the right is reasonably exercised, by avoiding frivolous election petitions (including pre-election suits) and filing of unmeritorious appeals. The Courts are hereby called upon to place heavy costs/fines on any political party and/or aspirant found wanting in this regard. More so, cases of abuse of judicial process and forum shopping by politicians must be accordingly discouraged as well. The Supreme Court had warned some time ago that Heads of courts must prevent politicians from abuse of court process, because if allowed, politicians would not hesitate to file multiplicity of suits on the same subject matter, hoping to get a favourable judgment from one court or the other.

More importantly, INEC must work, truly independently, to ensure that credible, free and fair elections are held. The electoral process must be reasonably seen to be transparent and effective. This is because, where elections are not properly conducted, it is difficult to concede defeat.