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Home Editorial | Discourse | Opinion VOXPOPULI

Democracy On Trial: Power, Precedent And The Fragility Of Nigeria’s Republics

by Olufemi Aduwo
April 11, 2026
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Democracy On Trial: Power, Precedent And The Fragility Of Nigeria's Republics
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“Across these republics, a consistent pattern emerges: political ambition converging with institutional vulnerability. The political class repeatedly tested the limits of constitutional order, while the judiciary and legal profession sometimes struggled to maintain the balance between strict legal reasoning and democratic legitimacy.”

Democracy On Trial: Power, Precedent And The Fragility Of Nigeria's Republics

Nigeria’s political history reveals a persistent pattern: each republican experiment has been undermined by the conduct of its political class. Successive generations of leaders have too often placed personal ambition and power retention above national interest.

This recurring cycle of overreach, intolerance of opposition, and institutional manipulation has repeatedly weakened democratic structures and, at critical moments, caused systemic collapse.

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In 2026, elements of this pattern appear to be re-emerging under the President Bola Ahmed Tinubu administration and the All Progressives Congress (APC), raising fresh concerns about the durability of the Fourth Republic.

Yet, responsibility does not rest with politicians alone. Institutions constitutionally mandated to safeguard the rule of law, particularly the judiciary and the legal profession, have also played significant roles at pivotal moments. While these institutions have often defended constitutional order, there have been occasions when their actions or the perception of them, contributed to democratic erosion.

Nigeria’s Republics: A Retrospect

The First Republic (1963-66) offers a clear example. The Northern People’s Congress (NPC), dominant at the federal level, sought to extend its control into the Western Region, where Obafemi Awolowo’s Action Group presented a strong ideological counterweight. The resulting crisis in the Western House of Assembly led to a state of emergency in 1962.

The subsequent prosecution and conviction of Awolowo for treasonable felony remains one of Nigeria’s most controversial judicial episodes. Though conducted within the formal framework of the law, the trial was widely perceived as politically motivated.

Whether or not that perception fully matched the legal merits, its effect was profound: it damaged public confidence in the impartiality of the judicial and reinforced the view that courts could be used for political ends. The Western Region descended into violence, paving the way for the January 1966 coup, counter-coups, ethnic conflict and, ultimately, the Civil War.

The Second Republic (1979-83) repeated many of the same weaknesses. Under Shehu Shagari, the National Party of Nigeria (NPN) faced growing accusations of corruption, patronage and electoral malpractice. The 1983 elections were widely criticised for irregularities.

Once again, the judiciary came under intense pressure as election petitions flooded the courts. A defining and still contested moment was the Supreme Court’s interpretation, led by Justice Atanda Fatai-Williams, of the constitutional requirement for a presidential candidate to secure “two-thirds of 19 states.”

The court’s mathematically intricate ruling validated Shagari’s election but was criticised as strained. The court itself cautioned against treating the judgment as binding precedent.

Nevertheless, the decision, along with widespread use of procedural tactics by lawyers, further eroded public trust in the electoral and judicial process.

On 31 December 1983, Major General Muhammadu Buhari cited the compromised electoral system as justification for military intervention.

The Third Republic was never born. The presidential election of 12 June 1993, widely regarded as Nigeria’s freest and fairest, was annulled by General Ibrahim Babangida. The ensuing constitutional crisis saw the judiciary drawn into conflicting orders and procedural manoeuvres. Lower court interventions, including those associated with Justice Bassey Ikpeme, were particularly controversial. Though judges operated under severe constraints, the cumulative effect of these legal interventions deepened public scepticism and failed to resolve the crisis, paving the way for prolonged military rule under General Sani Abacha.

Across these republics, a consistent pattern emerges: political ambition converging with institutional vulnerability. The political class repeatedly tested the limits of constitutional order, while the judiciary and legal profession sometimes struggled to maintain the balance between strict legal reasoning and democratic legitimacy. Even when decisions were technically sound, their broader political impact often proved damaging.

Fourth Republic, Unlike Other Previous Republics

In 2026, these historical lessons are urgently relevant. Allegations that legal mechanisms are being used to weaken opposition parties have revived concerns about institutional bias and the integrity of democratic competition. Court rulings on party disputes and electoral matters are increasingly viewed through a partisan lens.

Mr President, this moment demands exceptional statesmanship. Nigeria’s history shows the dangers of politicising legal processes. The judiciary must not only be independent but must be seen to be independent, with decisions anchored in clarity, consistency and constitutional fidelity.

The legal profession must uphold the highest ethical standards. The ruling party must recognise that democratic legitimacy flows from genuine competition, not the suppression of rivals through technical legal manoeuvres. The excessive use of courts as arenas for political contestation is a dangerous trend. A mature democracy requires a political culture that respects both the letter and the spirit of the law.

President Tinubu still has the opportunity to be remembered as a leader who strengthened, rather than weakened, democratic institutions. This will require resisting short-term expediency, engaging constructively with the opposition and prioritising the real needs of Nigerians, economic recovery, security, employment and social services.

In 2023, the declaration was Emi Lo Kan. By 2027, it must be the Nigerian people who freely determine Ẹni To Kan. Any attempt to retain power without a genuine popular mandate is both dangerous and unsustainable.

Nigeria has endured too many cycles of hope and disappointment. The responsibility now rests with the current generation of leaders to break this cycle and secure a more stable and prosperous future.

Tags: #JudiciaryDemocracy On TrialFragility Of Nigeria's RepublicsLegal ProfessionPolitical Class
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