“One Of The Most Dangerous Judicial Pronouncements” — Odinkalu Slams Judge For Striking Out Voter Disenfranchisement Suit

Human rights lawyer and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, has described as “one of the most dangerous judicial pronouncements in the history of Nigeria” a recent ruling by the Federal High Court in Lagos which struck out a suit seeking to enforce the rights of allegedly disenfranchised voters.

Reacting on X (formerly Twitter), Odinkalu wrote:
“Oluseyi Owoeye, a judge of the High Court of Lagos State has just issued one of the most dangerous judicial pronouncements in the history of #Nigeria: he says courts lack jurisdiction over any question concerning guarantees for citizen participation in govt. #GoFigure!”

His reaction follows a judgment delivered on Wednesday, July 23, 2025, by Justice Alexander Oluseyi Owoeye, who held that the rights invoked in the suit specifically the right to participate in government—are not enforceable in court because they fall under Chapter II of the 1999 Constitution, which outlines non-justiciable Fundamental Objectives and Directive Principles of State Policy.

The suit, marked FHC/L/CS/1390/2023, was filed by Human Rights Empowerment Projects Ltd/GTE, Iyk Kings Osuji, and Cynthia Eminue, seeking to challenge actions and omissions by the Independent National Electoral Commission (INEC) during the 2023 General Elections, which they claimed disenfranchised eligible voters.

Citing Sections 39 and 46 of the Constitution and Articles 9 and 13 of the African Charter on Human and Peoples’ Rights, the applicants argued that INEC’s conduct violated Nigerians’ right to participate in their government.

But in striking out the suit, Justice Owoeye ruled:
“The settled position of the law is that any question bordering on the action or omission of any person or authority that relates to participation in government is not justiciable before any Court in Nigeria. The 1999 Constitution rendered Article 13(1) of the African Charter non-justiciable.”

The court further held that because the applicants failed to anchor their claims under Chapter IV of the Constitution—which contains enforceable fundamental rights—the court lacked jurisdiction to entertain the suit.

“The absence of jurisdiction is irreparable in law. The matter ends there, and the only procedural duty of the court is to strike out the matter,” the judge ruled.

The decision has triggered widespread concern among legal experts and civil society organisations who argue that it undermines accountability in Nigeria’s electoral system and strips citizens of judicial recourse when denied participation in governance.

The applicants were represented by Anita N. Oliko, Esq., and Bamidele Adelugba, Esq. The NHRC was represented by O. M. Oyebode, Esq., while INEC—the 1st Respondent—was not represented in court. The court ordered all parties to bear their own costs.