2027: Can Politicians on Trial Still Win Elections? Experts Weigh In

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A legal practitioner, Barrister Zurkallaini Sani Tsanyawa, has stated that a politician facing corruption charges can legally contest an election, assume office as governor, and have the criminal proceedings against him suspended until the end of his tenure.

The lawyer made the remark while addressing the controversy surrounding the emergence of former Attorney-General of the Federation, Abubakar Malami (SAN), as the African Democratic Congress (ADC) governorship candidate in Kebbi State despite his ongoing trial by the Economic and Financial Crimes Commission (EFCC).

Malami is currently standing trial before the Federal High Court in Abuja on a 16-count charge bordering on alleged money laundering alongside his wife and son. All three defendants have pleaded not guilty to the allegations.

The Kebbi State chapter of the ADC has maintained that the prosecution is politically motivated, insisting that the case will not affect Malami’s bid in the 2027 governorship election.

In a statement jointly signed by the party’s State Chairman, Engr. Sufiyanu Bala, and the Chairman of the ADC Elders Forum, Alhaji Shehu Aliyu Sambawa, the party alleged that the prosecution was designed to weaken the opposition ahead of the forthcoming elections.

Malami is not the only politician pursuing elective office while facing corruption-related charges in court.

Former Kogi State Governor, Yahaya Bello, is also standing separate EFCC trials over alleged ₦110.4 billion fraud and ₦80.2 billion money laundering. Despite the pending cases, he has secured the APC ticket to contest the Kogi Central Senatorial seat in the 2027 elections.

The two high-profile cases have revived public discussions over whether individuals undergoing criminal prosecution should be permitted to seek elective positions.

Speaking in an exclusive interview with ZINGTIE, Tsanyawa explained that criminal proceedings cannot continue against a serving governor because of the constitutional immunity provided under Section 308 of the 1999 Constitution.

“Once he is sworn in as President, vice president, governor, or deputy governor, the trial is not terminated; it is merely put on hold until he leaves office,” Tsanyawa said.

According to him, the constitutional immunity covers only the office holder, while proceedings against any co-defendants can continue without interruption.

Addressing the eligibility of such candidates, Tsanyawa argued that the Constitution is explicit on the matter.

“A candidate standing trial but not yet convicted is constitutionally qualified to contest and occupy the office of President, Vice President, Governor, or Deputy Governor,” he said.

He explained that Sections 131 and 177 of the Constitution, which outline the qualifications for the offices of President and Governor, do not identify a pending criminal trial as a ground for disqualification.

According to him, the only criminal-related disqualification applies to individuals convicted of offences involving dishonesty or fraud within the period stipulated by the Constitution.

He also referred to Section 36(5), which guarantees the presumption of innocence. “Because the candidate has not been convicted, he is presumed innocent. INEC and the courts cannot disqualify him solely on the basis of an ongoing trial,” he added.

While acknowledging that the Constitution protects the rights of accused persons, the Vice President of the Nigerian Political Science Association (NPSA), Professor Murtala Muhammad, said the increasing number of politicians contesting elections while facing corruption charges exposes shortcomings in Nigeria’s electoral and judicial systems.

Speaking exclusively with ZINGTIE, Muhammad noted that constitutional democracy must strike a balance between the presumption of innocence and the need to preserve the integrity of public office.

He observed that many politically exposed individuals exploit the slow pace of criminal trials to pursue fresh political mandates before their cases are concluded.

“Cases involving former governors, ministers, and legislators have remained in court for years, allowing some defendants to secure new political mandates before the law reaches its logical conclusion,” he said, adding that the trend weakens public confidence in both the judiciary and the electoral process.

Muhammad further warned that many Nigerians now perceive public office as protection against criminal prosecution.

He explained that electoral victories often give politically exposed persons greater influence, making investigations more difficult, discouraging witnesses, and delaying trials through prolonged interlocutory appeals.

“The result is a vicious cycle where public office is increasingly viewed not only as a platform for service but also as a strategic refuge from legal accountability,” he said.

He, however, maintained that the solution is not to deprive individuals of their constitutional rights.

Instead, he advocated reforms that would ensure corruption cases involving politically exposed persons are concluded within a reasonable period before elections.

Among the measures he recommended are “constitutional and electoral reforms to fast-track such cases, the establishment of special anti-corruption courts with strict timelines, and measures to discourage unnecessary adjournments in high-profile corruption trials.”

Muhammad also pointed out that countries such as Brazil and Italy have demonstrated that the timely prosecution of politically exposed persons can strengthen public confidence in democratic institutions without compromising the right to a fair hearing.

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