The crowd stormed the police station, set it on fire, and severely beat the DPO, who later died in the hospital from his injuries. ArticlesRead More
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ECOWAS Court Judgement Nullifying Blasphemy Laws in Kano State
ECOWAS Court Judgement Nullifying Blasphemy Laws in Kano State
This article by Lazarus Chinwokwu discusses the ECOWAS Court’s Judgement declaring certain aspects of Kano State’s blasphemy laws incompatible with international human rights standards, Kano State Government’s blatant refusal to accept or abide by the judgement, and the international struggle between universality of human rights and indigenous cultural and religious beliefs
Electoral Terminologies and their Legal Import
In this article, Festus Okoye explains the meaning of several electoral terminologies, particularly those which the public mistakenly use interchangeably though they are actually different, so as to avoid what he describes as false narratives that can create distorted conclusions. He also underscores the importance of voter education, so that the public has a better understanding of the electoral process
Introduction
S
ometimes, we use electoral terminologies interchangeably, when they actually mean different things and suggest different scenarios. These include bye-elections, re-run elections, court-ordered re-run elections, inconclusive elections, and supplementary elections. The language and acronyms used in the electoral process can be confusing, which can lead to false narratives that create distorted conclusions. That is why voter and civic education are crucial during election periods and in off-season times — to inform voters and the public about new issues, changes in the electoral calendar, and electoral terminology.
Civil society groups and organisations play a vital role in civic and voter education, by supporting the efforts of the electoral management body. The National Orientation Agency and the Federal and State Ministries of Information, are also important agencies for mass mobilisation and civic education. The absence of a clear explanation of the nature and tone of elections conducted by the electoral management body, often leads to narratives that lack evidence, and analyses that fail to address the core issues and dynamics of the election. This can be prevented, if people are properly educated and informed on these topics. So, what are the facts and issues at stake?
On Thursday, 26 June, 2025, the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, informed leaders of political parties during the Second Quarterly Consultative Meeting about the Commission’s plans to hold bye-elections and court-ordered re-run elections in various Senatorial districts, Federal constituencies, and State constituencies. He clarified that these bye-elections are necessary due to vacancies in two Senatorial districts – Anambra South and Edo Central—five Federal constituencies, and nine State Assembly seats, caused by deaths, resignations, and legal disputes. A total of 3,553,659 registered voters across 32 Local Government Areas, 356 Wards, and 6,987 Polling Units would participate, with INEC assigning 30,451 officials to manage this electoral process.
He further informed party leaders that, despite the declarations of vacancies, elections will not be held in two constituencies: Khana II in Rivers State, due to the state of emergency, and Talata Mafara South in Zamfara State, where legal challenges are ongoing. He added that the Commission would, however, conduct two outstanding court-ordered re-run elections in Enugu South I (Enugu State) and Ghari/Tsanyawa (Kano State), which had previously been disrupted by violence. These re-runs would be held concurrently with the bye-elections on 16 August, 2025.
Bye-Election: Meaning and Legal Context
When a member of the Senate, House of Representatives, or a State Assembly resigns, is removed, or dies, the Commission conducts a bye-election to fill the resulting vacancy. In such cases, pursuant to Section 28(3) of the Electoral Act, the Commission shall, “not later than 14 days before the date appointed for the election, publish a notice stating the date of the election.”
There is no specific statutory definition of a bye-election in the Electoral Act. However, Hon. Justice Oseji of the Court of Appeal in Aja v Odin & Ors (2010) LPELR 9131 stated that, “in the absence of any specific statutory definition of a bye-election, I am inclined to agree with the learned Senior Counsel for the Appellant that the definition given in the Oxford Advanced Learner’s Dictionary, 6th edition, at page 151—to mean an election of a new member to replace another who has died or left parliament and different from a general election—is correct and brings into proper perspective the import of Section 31(3) of the Electoral Act 2006”.
Hon. Justice Nimpar, J.C.A., in Inc. Trustees of United Visionary Youth of Nigeria v Sukubo (2021) LPELR 52916(CA), also stated that: “In comparison, the word bye-election is an election to fill a vacancy created and generally, such situations are created by death, incapacitation, resignation or removal for acts of misconduct. It is not an election that comes periodically, after the expiration of tenure”.
The Supreme Court in Labour Party v INEC (2008) 13 NWLR (Pt. 1103) 73, relying on the definitions of “bye-election” and “general election” under Section 164 of the Electoral Act, clarified the meanings of a bye-election, a general election, and a re-run election under the Act. It held (pp. 102–104) that “A general election involves an election at regular intervals to fill all the seats available in the entire constituency, whereas a bye-election refers to an election to fill a particular vacant seat or position created either by death, resignation or impeachment”. The Court further explained: “Where a general election has been held and there is a false start – for example, a candidate who ought to be part of the election was unlawfully excluded or there was no level playing ground for all the candidates – and that election is subsequently either cancelled by the regulating authority like INEC or nullified by an order of court or tribunal, and a re-run, a restart is ordered, it is in my humble view that the re-run or re-start refers to that general election cancelled or nullified, and not a bye-election”.
Inconclusive and Supplementary Elections
The Electoral Act, in its interpretation section, does not define either “inconclusive” or “supplementary” election. Black’s Law Dictionary (9th edition, p. 833) describes “inconclusive” as “not leading to a conclusion or definite result”. The Oxford American Writer’s Thesaurus provides a fuller understanding: “indecisive, unresolved, unproven, unsettled, still open to question/doubt, debatable, unconfirmed, moot, vague, ambiguous, up in the air, left hanging.” Conversely, “supplementary” is defined by the New Oxford American Dictionary as “completing or enhancing something.” See the case of Igbekele & Anor v INEC & ors (2019) LPELR-48536(CA).
Furthermore, in the same case, Patricia Ajuma Mahmoud, JCA (Pp 21-30, paras. E-D) conducted a comprehensive analysis of inconclusive elections, general elections, and supplementary elections. She stated that all parties involved agreed that the Presidential and National Assembly elections held on February 23, 2019. The results of the election in 53 polling units in the Ondo South Senatorial District were cancelled in accordance with Section 26 of the Electoral Act, 2010, and the election was declared inconclusive in line with Article 37(b) of INEC Guidelines for the 2019 General Elections. Consequently, a supplementary election was ordered and held on March 9, 2019, in the affected 56 polling units to conclude the election and declare a winner. The Appellants provided no evidence that there are only 56 polling units in the Ondo South Senatorial District, to imply that the election did not take place across the entire district. Even if such evidence exists and the election in certain units was cancelled due to over-voting, violence, etc., the postponed election cannot be regarded as a new election for a pre-election dispute following the general election held on 23 February, 2019.
She opined that, according to Article 37 of the INEC Guidelines for the 2019 General Election, the returning officer is permitted to conduct a supplementary election in a Senatorial district where the election was cancelled or not held, in accordance with Sections 26 and 53 of the Electoral Act, 2010. The guideline also states that the returning officer shall not make a declaration until polling has taken place in the affected areas, and the results have been recorded for declaration and return. This further demonstrates that a supplementary election due to an inconclusive result is not a new election requiring a 14-day notice as per Section 46 of the Electoral Act, as argued by the appellant’s counsel.
She further surmised that “Assuming without conceding that it was indeed, the whole of the Ondo South Senatorial District election and not the results of some polling units that were cancelled, the Appellants would still not be able to sustain their argument that this is a pre-election matter. This is because the Apex Court seems to have settled this question when it provided a guide for the Courts to follow, thus: “That if the originating summons/process was filed prior to the conduct of the general election, it remains a pre-election issue which can be challenged up to the Supreme Court. But, if filed after a general election, only the election proper is to be questioned, and in that case, the exclusive jurisdiction to do so lies with the Election Tribunal. See the cases of OHWAVBORUA & ORS v PDP (2013) LPELR 21026 (CA) and SALIM v CPC (2013) 6 NWLR, PT 1351, 501 AT 523-524 PARAS E-B. In the case of OLUBUKOLA & ANOR v A-G OF LAGOS STATE & ORS (2016) LPELR – 41451 (CA), this Court held that elections can only be invalidated by a Tribunal set up to determine post-election issues. It is clear to me and based on these authorities, the nature of the appellants’ claim and the fact that this matter was predicated on a supplementary election following a general election, that this is not a pre-election matter. I find that the lower Court properly declined jurisdiction in this matter.”
Funding, Logistics, and the Limits of Reruns
For the Commission to conduct bye-elections, supplementary elections, or rerun elections, funding must be allocated. As a Federal executive body, the Commission relies on the appropriation and release of funds to perform its constitutional and statutory duties. It is also important to note that, in some supplementary elections, votes are retained, and depending on the number of affected polling units, at least 70% of voters in those constituencies must vote for a single candidate to overturn the stored votes.
Additionally, new contestants are not allowed to enter a supplementary or re-run election. It does not matter where the candidates are; the election must be completed before any challenge can be made regarding whether one of the candidates is serving a prison sentence.
The constituency for holding bye-elections, supplementary, and re-run elections may be small, but they pose serious security and logistical challenges. Candidates and political parties often have more opportunities to infiltrate a small constituency and manipulate the electoral process. That is why, during one such election, 288 suspects were arrested in a small constituency. There have also been reported incidents of violence, thuggery, vote-buying, and manipulation in other parts of the country where bye-elections and court-ordered re-run elections took place.
Those who blame violence, thuggery, vote-buying, and manipulation during these elections on the electoral management body are avoiding responsibility by denying the real causes: political parties, candidates, and security agencies.
Conclusion
Essentially, the electoral management body must do more to explain electoral terminologies to the Nigerian public, particularly those used in various types of elections. Civil society groups and the Nigerian Bar Association have a responsibility to clarify these issues, as some of the false narratives and misinformation during recent bye-elections and court-ordered re-run elections arise from a lack of understanding of electoral terms and their significance. This confusion over terminology causes the phrase ‘inconclusive election’ to seem as serious as the death penalty. More effort is needed to explain electoral terminologies, and improve our understanding of the electoral process.
Festus Okoye, Legal Practitioner, former INEC National Commissioner
’Gender Sensitivity in Kwara Cabinet is Sacrosanct’
In a country like Nigeria, there are the ever present challenges of maintaining a balance of administering justice within the precincts of the Constitution, grappling with the intricate relationship between the Centre and the Federating Units, and of course, dealing with issues within each State itself. The Kwara State Attorney-General and Commissioner for Justice, Senior Ibrahim Sulyman is an A-G who serves in a multi-religious State which operates Sharia law alongside Commin Law, and has been able to maintain a good balance amongst them without much ado. In a chat with Onikepo Braithwaite and Jude Igbanoi last week, the Kwara A-G spoke about his strides in administering justice in the State vis-à-vis access to justice, updating and codifying Kwara State laws, emphasising that Sharia Law is only applicable to Muslims on issues of Islamic personal law like marriage, inheritance, and guardianship. The A-G also mentioned the fact that under Governor Abdulrazaq, Kwara State being the first State to enact the Gender Sensitivity Law in the country, was not only committed to maintaining a gender balance in their cabinet, but had gone beyond the 65%/35% threshold by making their cabinet 50% female and 50% male
Kindly give us a brief overview of the agenda that you set for yourself and your Ministry, in terms of improving justice delivery in your State
Our agenda in Kwara State Ministry of Justice is ensuring access to justice, promoting the rule of law, enforcement of fundamental human rights , equity and fairness. We are committed to ensuring a democratic society where the Nigeria Constitution as the groundnorm of law in the land is observed, both in its letter and spirit.
What have you achieved so far, in this regard? What have you done regarding access to justice for the common man and legal aid?
As regards access to justice, we have our functional and accessible website, which has collections of substantially all our laws with periodic updates; they are accessible to the public free of charge. We also do periodic sensitisation against human trafficking, child abuse, gender and sexual based violence, and the ways the victims of these menaces can get justice within a reasonable time. Equally on the issue of access to justice, we have the Office of the Public Defender saddled with the responsibility of defending indigent Defendants in criminal cases pro bono. Between the 2019 and 2025, 480 Defendants have been defended, 50 were discharged and acquitted, while 37 have been convicted thus far.
Finally, in line with the spirit and the letters of Section 287 of the Constitution of the Federal Republic of Nigeria (1999) as amended which mandates compliance with all judgements of our courts, we have ensured compliance with all orders and judgements of courts in Kwara State.
What have you done regarding legal aid for the common mam?
We equally have the small claims courts in Kwara State, and we have been sensitising the general public on it; that pursuant to the Practice Direction of the Small Claim 2023, graciously passed by My Lord, the Chief Judge of Kwara State, claims of N3 million and below, can be determined within 60 days, using the prescribed forms, without necessarily needing a legal practitioner. We have continuously been engaging the general public on it. This is a major step, in our ease of doing business initiative.
Have you embarked on law reform, codifying and updating Kwara State laws?
Yes, we have. With https://kwaralaws.ng housing virtually all our extant laws, codified with periodic updates, reflecting amendments and repeals, as the case may be.
Law reforming is a continuing process. One of such laws is the Governor and Deputy Governor (Payment of Pension) (Repeal) Law, 2021 which repealed the Kwara State Governor and Deputy Governor (Payment of Pension) Law, 2010 Pension Law, thereby abolishing the payment of pension packages to former Governors and former Deputy Governors in the State.
This initiative of Governor Abdulrahaman AbdulRazaq was warmly welcomed by all .
In this era of digitisation and Artificial Intelligence, how up to date is Kwara State Ministry of Justice?
I will start by saying that the legal profession is a conservative one, as reiterated by the former Chief Justice of Nigeria and Chairman Body of Benchers, His Lordship Justice Ariwoola, in his Address at the recent call to bar ceremony of new Lawyers; artificial intelligence is to supplement, but cannot be the foundation for the practice of law. However, since we are products of the society, we must respond to emerging societal innovations and circumstances. So at Kwara State Ministry of Justice, we have electronic gadgets with 24 hours Internet facility with subscriptions to access electronic law reports and artificial intelligence platforms , these tools have been assisting in the discharge of our duties as law officers.
What is your take on virtual court hearings?
Well, it is now a settled as decided by the Supreme Court in the case of AG of Lagos State v AG of the Federation(2020) LPELR-50046(SC) that virtual sitting is now part and parcel of our legal jurisprudence. It is commendable, because during the Covid-19 lockdown or partial lockdown, some schools were operating virtually, so it is commendable that the courts are now looking in the same direction.
Would you say, Nigeria is ripe for it, particularly to make the administration of criminal justice more efficient? Is Kwara State prepared to embark on this?
Nigeria is ripe and due for it, and Kwara State is not an exception, we are prepared for it.
Recently, there have been news reports that a Terrorist group, Mahmuda has launched attacks on indigenes of Kwara and Niger State. Kindly, shed some light on this. Does Kwara have its own group like Àmòtèkun fighting against such criminals?
As you know, security is a very sensitive issue, and our State Governor is on top of it in collaboration with the Office of the NSA and the Security agencies, all of whom are synergising to overcome the security challenges in Kwara and indeed, the entire nation. We do not have a security outfit like a uniform Àmòtèkun, across the South West. However, we have organised and well structured vigilante groups and local hunters, who have been collaborating with the conventional security outfits to fight the insecurity in the State. We have also recently enrolled nearly thousands of able-bodied men and women as forest guards, to complement what we have on ground.
What are your views about State Police?
I am indifferent; the efficiency of our policing may have nothing to do with either having State or Federal Police. What is the numerical strength of the Police, as we have it today? What is the population of the country? Are we not under-policed? How often are they trained? What are the equipments, ammunition and other logistics at their disposal? Once we answer some of these questions correctly, we are already on the right track; regardless of either being State or Federal Police.
Kwara State, the State of Harmony, is on record to be somewhat ethno-religious and diverse, as even if Kwara North and Kwara Central comprising Ilorin Emirate indigenes are predominantly Muslim, many of those who come from Kwara South are not. People often wonder how justice administration works smoothly, despite this perceived diversity. Does your State operate the Sharia system alongside common law system? If so, how do you operate same, vis-à-vis the provisions of Section 10 of the Constitution, which the Northern Sharia States appear to be observing in the breach?
Yes, in Kwara State, we operate the Sharia law system alongside the common law. We have to appreciate the fact that Chapter 7, Part 2, Section 275 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) established the Sharia Court of Appeal for any State that requires it. However, Section 10 of the Constitution of the Federal Republic of Nigeria prohibits State religion. The Constitution that permits Sharia Court, knows its existence is not synonymous to having a State religion. Particularly, when in the States that have Sharia courts, it is only applicable to Muslims on issues of Islamic personal law like marriage, inheritance, guardianship; it is not applicable to a non-Muslim, except he or she consents to it. So, I do not see how it breaches Section 10 of the Constitution of the Federal Republic of Nigeria.
Kwara State, under Governor Abdulrazaq was the Nigerian pioneer in passing the gender sensitive law and ensuring that at least 35% of the cabinet are women. Has the Kwara State Government kept this up? Now that this issue has been on the front-burner of debate, even at the recent constitutional reform outing of the House of Representatives, what are your views about reserving seats for women in the Legislature seeing as women appear to be the highest number of voters, yet, their number in the Legislature appears to be dwindling after each electoral cycle?
Kwara State has not only kept to it, but has gone beyond the threshold. In fact, the State has 50% male and female cabinet members apiece. That is the highest, in any State today. My view is that the National Assembly should design a template that adequately gives voice to all and adopts gender inclusion, thereby following the Kwara State model.
Last month you made a very powerful exertion in line with Governor Abdulrazaq’s policy, to the effect that Kwara State has zero tolerance to human trafficking, sexual exploitation and domestic violence. Kindly, share your achievements with regard to these vices in the State
The Kwara State Government has consistently expressed its willingness, to tackle human trafficking and sexual exploitation head on. These vices are major contributors to the increasing crime rate, and abuse of fundamental human rights in Nigeria. The State Taskforce on Human Trafficking, in collaboration with National Orientation Agency, offers a comprehensive radio programme which creates awareness about human trafficking and related offences on within the State, in a bid to sensitise the public on the ills of the vices and how to join forces with the Government to curb the menace.
Within the year under review, the Ministry of Justice and the Kwara State Task Force on Human Trafficking have recorded 18 trafficking-related cases, 11 of them went to trial resulting in 5 convictions (two of which involved incidence of organ trafficking). These achievements reflect our resolve to hold offenders accountable, and safeguard vulnerable individuals.
As part of the Kwara Government’s proactive interventions, Kwara State now has a budget line for the implementation of the laws on Human trafficking. The State has been supporting the State Task Force on Human Trafficking with funds to ensure targeted awareness and sensitisation campaigns across the State, especially in areas identified as a critical high-risk zone due to proximity to international borders. We are committed to extending these outreach efforts to every Local Government Area across the State, in the coming months.
It must be said that combating trafficking and its related vices, is a collective responsibility which requires a united voice. Every member of the public, is urged to join in this fight.
How are you handling the issue of illegal mining in your State? Recently, it was reported that across most of the Kwara Local Governments, Chinese citizens were arrested for illegal mining. Is it that they are in cahoots with Nigerians? What have you done to stop the plundering?
Mining is on the Exclusive List, and it is only the Federal Government that regulates it; within the ambit of the law, we have been collaborating with the relevant Federal agencies to curb illegal mining.
The infamous 2018 Offa robbery case which claimed many lives, drew national attention. But, the conviction and sentence of the accused persons within 6 years, though still not quick enough, raises some hope that speedy trials are possible in this jurisdiction, if there is a will. How was it achieved? Or is it because of the national attention, that the court made an effort to try not to allow the case to drag?
We have to appreciate the fact that, justice delayed is justice denied. However, justice rushed is justice crushed. Each case has its own peculiarities, for instance, the case was inherited from the previous PDP Administration of Kwara State, the number of witnesses involved, availability of the witnesses, exhibits tendered, the workload of the particular court. Nonetheless, we secured their conviction. Incidentally, in this jurisdiction we have got many criminal trials concluded between three months, sometimes six months. So, by and large, we are getting it right in Kwara.
Further to the above, the convicts in the Offa case were sentenced to death by hanging. Do you believe in the death penalty for any offence? If so, why?
Yes, I believe in it, to serve as deterrent to others. It is a simple logic that whoever believes he will be killed if he murders someone will not do it, for fear of losing his life as well.
What are you doing to improve the welfare and conditions of service of judicial officers in your State? Should Judges be given judicial/clerical assistants to ease their work and research? How can this be attained?
As at today, we have a Bill at the House of Assembly, which specifically deals with the welfare and condition of service of judicial officers. When passed, it will be a model for other States to emulate. In Kwara, Judges already have clerical assistants to assist their work, and we organise workshops to broaden their legal horizon.
How has the landmark Supreme Court Local Government decision been working in your State?
It is work in progress along with other States of the Federation in collaboration with the Federal Ministries of Justice and Finance.
Thank you Honourable Attorney-General.
This article by Lazarus Chinwokwu discusses the ECOWAS Court’s Judgement declaring certain aspects of Kano State’s blasphemy laws incompatible with international human rights standards, Kano State Government’s blatant refusal to accept or
