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Human rights lawyer, Femi Falana (SAN), has criticised the Independent National Electoral Commission (INEC) over its reported decision to stop recognising the leadership of the African Democratic Congress (ADC), warning that the judiciary and senior lawyers are being used to undermine Nigeria’s democracy and tilt the political system toward a one-party state.
Falana made the remarks on Thursday, while delivering a lecture at the 5th Anniversary of Comrade Yinka Odumakin, held at Osun Hall, Airport Hotel, where he expressed concern over growing manipulation of court orders to weaken opposition political parties ahead of future elections.
According to Falana, INEC’s stance regarding ADC is inconsistent with the court’s directive, which merely granted an injunction and did not empower the electoral body to withdraw recognition of the party.
“The law has said those shall not interfere. I see that is not enough. The Independent National Electoral Commission, headed by a Senior Advocate of Nigeria, issued a statement yesterday (Wednesday) that based on the intervention of the court, ADC, we shall no longer recognise you. I say that INEC is wrong,” Falana stated.
He explained that the court’s order relied on the legal principle of status quo ante bellum, which means the situation should revert to the state of affairs before the dispute began.
“You know they use such terms to deceive us. What that means is before the state of the war. So who was in charge before that fellow went to court? David Mark. Do you understand me? But that ruling has now been misinterpreted to favour the ruling party,” he said.
The senior advocate warned that actions by institutions, including the courts, could leave Nigeria with only one viable presidential candidate in future elections.
“You know what Nigerians say? The Tinubu government and APC are trying to turn Nigeria into a one-party state. No! Our courts and senior lawyers are to blame,” he said.
Falana lamented what he described as judicial decisions allowing individuals accused of anti-party activities to remain within political parties while allegedly working for rival parties.
“A man was destroying a political party, campaigning for the candidacy of another party, asking members of his own party to stand down for the ruling party. His party said these activities are anti-party. The Federal Court said, thou shall not suspend or expel him. He shall remain a member of that party and continue to destroy the party,” he said.
He argued that such rulings weaken internal party discipline and undermine democratic competition.
Falana also compared Nigeria’s political climate to developments in other African countries, where opposition candidates face legal persecution or worse.
“It is a repeat of what is going on in African countries. An election has just taken place in Benin. Many of the potential presidential candidates are either in jailhouse or in the cemetery. Opposition candidates are being killed. All those lucky to be alive are in jailhouse,” he said.
He also cited Tanzania, where a prominent opposition candidate faced treason charges during an election cycle.
“In Tanzania, the most popular candidate was charged with treason. While the election was going on, he was battling for his freedom,” Falana noted.
Falana referred to activist Omoyele Sowore of the African Action Congress (AAC), stating that opposition figures often spend more time dealing with legal battles than campaigning.
“Instead of campaigning, Sowore will be making efforts not to be jailed,” Falana lamented.
He also mentioned legal challenges involving members of the Peoples Democratic Party (PDP), including contempt proceedings, warning that court actions could restrict electoral participation.
“At the end of the day, through manipulation of Nigerian courts and senior lawyers, you may have only one candidate contesting the presidential election next year,” he warned.
Falana also criticised the internal crisis within the Labour Party, referencing its leadership dispute.
“The fellow that destabilised the Labour Party, the police carried out an investigation on him, he was indicted for fraud and forgery but he has been amnestied. I am talking of Julius Abure. He is a senior lawyer, by the way,” the lawyer said.
Falana urged civil society groups and political actors to begin organising citizens to defend democracy and prevent authoritarian tendencies.
“While we live here, we must be organised to challenge the forces that are making a mockery of the democracy that we fought for. Many people were killed in the process,” he said.
He warned that continued suppression of political opposition could provoke widespread unrest, saying, “The way they are going, they will provoke the Nigerian people to a revolution. But we have also been warned that you cannot just have a revolution without proper organisation, otherwise it will become anarchy.”
Falana also criticised the inequality in the justice system, citing instances where influential individuals allegedly received preferential treatment while ordinary detainees remained in custody.
He referenced cases where suspects were temporarily released to attend family burials, arguing that similar rights should be extended to all detainees.
“All suspects in police custody, all inmates and convicts in prisons must be released to bury their loved ones whenever they lose them. There shall be equality before the law,” he said.
The senior lawyer also criticised government priorities, including the installation of solar panels in official residences while many Nigerians lack stable electricity.
“The President that has promised to give us uninterrupted electricity has just installed solar. All Nigerians are entitled to solar panels in their houses because that was fixed with public funds,” he said.
Falana concluded by calling on Nigerians, labour leaders, and civil society organisations to mobilise in defence of democratic values, stressing that the late activist Yinka Odumakin believed in organised resistance against injustice.
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