The Selectorate: When Judges Topple The People

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Across Africa, the shift from authoritarian rule to elective civilian government has brought new challenges. Among them is the judiciary’s evolving role in political outcomes. Judges, once constrained arbiters of electoral disputes, have become increasingly unconstrained in determining who holds power—shifting legitimacy from voters to the courts. In some cases, this influence has extended beyond the courtroom, creating a system where a small, connected elite decides leadership under the cover of legal process.

In The Selectorate, Chidi Odinkalu examines how this shift took root, with Nigeria’s judiciary playing a leading role in setting the precedent. Drawing on legal insight and first-hand experience, he unpacks the consequences of this quiet transformation and what it means for both judicial independence and the future of democracy in Africa.

The Selectorate: ...
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Author: Chidi Anselm Odinkalu

In 2003, Peter Obi, candidate of the All Progressives Grand Alliance (APGA), clearly won the ballot to be elected governor of Anambra State in southeastern Nigeria, but the INEC announced as winner Chris Ngige, then candidate of the ruling Peoples’Democratic Party (PDP). In May 2003, Dr Ngige took oath as Anambra State governor. It took Peter Obi three years to reclaim his mandate through the courts before taking oath on 17 March 2006 to begin a four-year term as governor. Contrary to common sense and the courts, INEC declared Andy Uba, candidate of the ruling PDP, winner of a non-election for the seat of governor of Anambra State a mere one year later,

in April 2007. The constitutionally allowed term of a governor is four years. From this non-event, INEC disqualified all persons capable of challenging Andy Uba, including incumbent Governor, Peter Obi. On election day, there were no ballot papers in Anambra State. Even Governor Obi could not find a station to cast a ballot. However, by the end of the day, INEC announced Andy Uba winner of the ballot, declaring a turnout of a little more than 100% of the registered voters in the state in an election from which the electoral umpire had disqualified all serious challengers. INEC’s announcement of Andy Uba as governor of Anambra State was voodoo in fact and law. Andy Uba knew this, which explains his desperation in seeking to purchase the institutional endorsement of the courts to give him the legitimacy he lacked.

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Author: Chidi Anselm Odinkalu
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