THE DECISION OF THE SUPREME COURT OF NIGERIA IN PETER OBI v INEC & ORS: ARE THERE CROCODILE TEARS?

Abstract

The 2023 National Election in Nigeria gave the Nation the opportunity to get certain things right given the amendment to the Electoral Act 2022. The Presidential Election was conducted on the 25th of February 2023. Aggrieved by the outcome of the said election, the candidates of the Labour Party filed an election petition against the Independent National Electoral Commission (INEC), the winner of the election, and others. The case went from the Court of Appeal to the Supreme Court and the Supreme Court dismissed same. This paper examined the reasoning of the Supreme Court in departing from the settled principle of law on the issue of a subpoenaed witness given the background under the Evidence Act 2011 (as amended). The methodology adopted is doctrinal methodology and the emphasis was on the relevant provisions of the Evidence Act 2011 as well as the Electoral Act 2022. The paper found that the departure by the Supreme Court from the laid down procedure in the Evidence Act in respect of the evidence of a subpoenaed witness relying on the provisions of the Electoral Act 2022 together with the Schedule thereto has occasioned might have great hardship on the petitioner. It is recommended that the Supreme Court of Nigeria should take a second look at its ratio decidendi on the issue of a subpoenaed witness in election related matters.