A former President of the Nigerian Court of Appeal, Justice Ayo Isa Salami, has asserted that the candidacy of Peter Obi in the 2023 presidential election was fundamentally flawed, arguing that a judicial error permitted the Labour Party (LP) candidate to remain on the ballot.
Speaking in Lagos after being honored with the 2025 Human Rights Defender Award by the Wole Soyinka Centre for Investigative Journalism (WSCIJ), the respected jurist contended that Mr. Obi’s participation violated constitutional provisions regarding party membership and nomination.
Justice Salami explained that by the time Mr. Obi sought a platform after losing the Peoples Democratic Party (PDP) primary, the Labour Party had already closed its membership register with the Independent National Electoral Commission (INEC).
He argued that this procedural misstep, which was overlooked by the courts, should have disqualified the former Anambra governor from contesting.
“For instance, Peter Obi of the Labour Party ought not to have been allowed to contest election in the presidential election in the sense that by the time he lost PDP primary, Labour Party had submitted its list of members to INEC,” Justice Salami stated.
He emphasized the legal contradiction this presented, pointing to the constitutional ban on independent candidates.
“The constitution says there can’t be independent candidates. How did he become a candidate if he doesn’t belong to Labour Party?” he queried.
Drawing a parallel, the retired jurist cited a similar scenario involving the Kano State governor, who he noted was issued a membership card despite his name not appearing in the party’s official register. According to Justice Salami, this disconnect between the register and the card represents a fundamental legal flaw.
“The register is supposed to be the mother of the card. That is the source of his register of his membership,” he explained. While acknowledging that lower tribunals and the Court of Appeal had expressed reservations about such irregularities, he suggested that the final appellate court’s composition sometimes hinders the quality of judicial outcomes.
Justice Salami used the case to critique broader issues within the judiciary, arguing that some judicial failures stem from a lack of adequate training rather than outright dishonesty. He lamented that appointments to the bench are sometimes influenced by zoning considerations rather than merit, leading to situations where less experienced jurists are elevated over their seniors.
“There are little bad eggs. That is not only. Well, I can’t say bad eggs. Strictly speaking, some of them have problem of learning. They are not sufficiently trained. They don’t have good background to be such,” he said.
“Even the Supreme Court judgment, you would be astounded and wonder what is happening,” he added, suggesting that a lack of competence, rather than corruption, is a significant factor undermining justice dispensation in the country.
The event’s citation, delivered by Dapo Olorunyomi of the WSCIJ, praised Justice Salami as a jurist of integrity and courage, noting that the search committee selected him for the award due to his distinguished commitment to justice, fairness, and judicial independence throughout his career.
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