The Two Fatal Injunctions

IBB

The Certified True Copy (CTC) of the judgments and injunctions that derailed the June 12, 1993, presidential election represents one of the most controversial chapters in Nigerian legal history. The “injunction stopping the announcement” was actually the second of two critical midnight rulings issued by the Abuja High Court, orchestrated by Chief Arthur Nzeribe’s Association for Better Nigeria (ABN) to deliberately paralyze the National Electoral Commission (NEC).


The specific legal progression of those injunctions, their judicial authors, and how they collided to cause the crisis are broken down below.

The legal assault on the June 12 election happened in two distinct stages, both unfolding in late-night sessions at the Abuja High Court.

1. The Pre-Election Injunction (June 10, 1993)

  • The Judge: Justice Bassey Ikpeme
  • The Ruling: In a midnight session just two days before the ballot, Justice Ikpeme granted an interlocutory injunction to the ABN, restraining the NEC from conducting the presidential election.
  • The Defiance: The Chairman of the NEC, Professor Humphrey Nwosu, ignored this initial injunction. He relied on Section 19(1) of the Presidential Election (Basic Constitutional and Transitional Provisions) Decree No. 13 of 1993, which explicitly stated that no court action could halt or invalidate the election timetable. The election went ahead on June 12 and was widely heralded as the freest and fairest in Nigeria’s history.

2. The Post-Election Injunction Stopping the Announcement (June 15, 1993)

  • The Judge: Justice Dahiru Saleh (then-Chief Judge of the Federal Capital Territory)
  • The Ruling: After the NEC began releasing the official results on June 14—showing Chief M.K.O. Abiola of the Social Democratic Party (SDP) in a landslide lead—the ABN rushed back to court. On the evening of June 15, Justice Dahiru Saleh issued a fresh interim order.
  • The Order: This specific injunction directly restrained the NEC from further counting, verifying, or releasing the final results of the presidential election.

The Legal Implications & The Annulment

The second injunction effectively froze the democratic process. On June 16, 1993, the NEC announced via Radio Nigeria that it was bowing to Justice Saleh’s court order and would shelve the release of the final results pending further judicial clarity.

June 10: Justice Ikpeme Injunction ▼

June 12: NEC Conducts Election ▼

June 14: NEC Begins Releasing Leaned Results ▼

June 15: Justice Saleh Injunction ───► Stops the Count ▼

June 23: Babangida Annuls the Entire Election

While the NEC immediately went to the Court of Appeal on June 22 to challenge Justice Saleh’s jurisdiction and have the injunction vacated, the military regime didn’t wait for the appellate court’s decision.


On June 23, 1993, General Ibrahim Babangida used the judicial chaos as a pretext. He issued a terse, unsigned statement completely annulling the June 12 election. To legally seal the coup against the ballot box, the regime promulgated the Presidential Election (Basic Constitutional and Transitional Provisions) (Repeal) Decree No. 39 of 1993, which nullified all pending court cases, suspended the NEC, and brought the Third Republic to an abrupt end.

Historical Context Note: In the decades following the crisis, legal analysts have universally characterized the CTCs of the Ikpeme and Saleh injunctions as textbook examples of “judicial sabotage.” The rulings intentionally favored a shadowy, unelected political group (the ABN) over a supreme federal decree and the sovereign will of millions of Nigerian voters.

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