Lawyer Warns Against Swearing In Disputed Election Winners

Senior Advocate of Nigeria, Kunle Adegoke, has warned that swearing in candidates whose elections are still being contested in court poses a grave threat to Nigeria’s democracy and public trust in governance.

Speaking on Arise News on Wednesday, Adegoke said the practice of allowing disputed winners to assume office while their legitimacy is under judicial scrutiny creates instability and erodes confidence in the electoral system.

“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.

“If election petitions are concluded before swearing-in, we will avoid the embarrassment of illegitimate occupants of office,” he said.

He faulted the current arrangement, saying it gives those declared winners undue advantage, as they use state resources to defend positions that might later be overturned.

“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,” Adegoke explained.

He rejected calls to shorten petition timelines, warning that it could undermine justice.

“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 stated.

He also urged the judiciary to focus on substance rather than technicalities and called for reforms to ensure petitions are determined before power is transferred.

“We can no longer continue to manage elections with laws that allow injustice to thrive. If we truly want progress, then justice must come before swearing-in,” Adegoke said.