The Judiciary has been urged to be firm ready to resist all forms of pressure and ensure that those who come to the courts to challenge the out come of the elections in 2023 get substantial justice.
The call was made by Dr Lawrence Ibiayemie at the Annuel Dinner of the Nigeria Bar Association, Ukwa Branch, Abia State.
Dr Lawrence Ibiayemie who was the Guest Speaker at the event maintained that the global searchlight will be beamed on the Nigerian Judiciary to see how she will navigate through the law books to give validity to the Provisions of the New 2022 Electoral Act and resolve the many other disputes that may arise from the conduct of next year’s General Elections.
He regretted that due to political influence and other factors that have befallen the Judiciary lately, its impartiality is being questioned by a cross section of Nigerians because of the poor conduct of a few judges in relation to unethical practices and corruption which has deeply eroded public confidence, trust and expectations. This has not only undermined its performance but threatened its integrity, to the extent that its decisions are at times subject to doubts and public mockery.
As it stands today, Nigerians see the judiciary in two perspectives. One group sees the judiciary as an important arm of the government, that has demonstrated it significance to the growth of our democratic experiment through several mind-blowing landmark decisions that have helped to shape, reshape, redirect and unify the country and restore ‘Stolen’ electoral mandates of some litigants. The other group have argued that those landmark decisions were mere serving other ends than ensuring that litigants obtain substantial justice.
The above impression, according to the Guest Speaker is not totally misplaced because from time to time, some office holders within the judiciary, either through forceful political inducement or unlawful enticement, have attempted to entangle the judicial system in the most unforgivable abominable vice of compromising justice.
He pointed out that Snail-speed dispensation of justice for instance, have led to loss of faith in the judicial system and has made a mockery of the system widely perceived as the last hope of the common man. Litigants whose cases are unnecessary delayed wil always have a faulty perspective of the judicial system.
Dr Lawrence Ibiayemie added that even though, there may be isolated cases of bad eggs within the judiciary in terms of corruption, bribery, compromise of cases and others. The way and manner the regulatory body; the NJC, have intervened have also succeeded in either diminishing or dimming the good work of a vast majority of hardworking judges, who have shown exceptional courage in handing down judgments that have deepened democracy, advanced good governance, protected civil rights and liberties, shielded the rule of law from assault and fought corruption in governance.
According to him, the above pitfall should put Civil Societies to task. Civil Societies must ensure peaceful conduct of the electorates before, during and after the elections which is mainly achieved through voters’ education and monitoring.
The Guest Lecturer declared that
Civil societies should be at the forefront to advocate for best practices and mobilize the electorates, educate them on the general effect of sharp practices. That civil Societies must synergize the electoral umpire; INEC, to achieve the onerous task of organizing an election that will be adjudged free, fair, peaceful and credible.
Failure to educate and mobilize the people towards the democratization process in Nigeria will leave the judiciary as an interventionist with the powers to annual elections or restore stolen mandates.
He applauded the theme of the event “2023 GENERAL ELECTIONS”NIGERIAN JUDICIARY AND CIVIL SOCIETIES: HOPES AND EXPECTATIONS”as being most appropriate and timely, considering that in another three months, over 89 million Nigerians will be trooping out to the booths to choose leaders who will pilot the affairs of this Great Country for another four years.
The Guest Speaker lamented that although, not all Nigerians will want to pour accolades on the judiciary for some of its achievements, and interventions in electoral matters because they are seen as usurpers of the peoples constitutional rights to choose leaders now taken away from them by a single judge or a team of justices, the truth remains, that the Nigerian Judiciary has contributed substantially to the sustenance of Nigeria’s democratic journey since 1999.
“Mr Chairman, distinguished ladies and gentlemen, you’ll recall that the President Buhari and the AGF Malemi recently challenged the Provision of Section 84(12) at the Supreme Court but our Justices withstood the pressure by striking out the suit without even going into the merit on the grounds that there is no dispute between the President and the National Assembly to invoke the Original Jurisdiction of the Supreme Court. Moreso, it will be seen as the violation of Constitutional process for the President to urge the court to delete a law that the President took part in making by assenting same” . Is this not beautiful and commendable?
“For me this particular resistance is most commendable because of the positive effect it will have on our electoral process by barring political appointees from using their advantage offices to influence election outcomes and prevent power drunk individuals from remaining in power for too long than necessary; thus giving room for fresh Ideas with no prior political appointments to take up positions, instead of recycling the same old politicians”
“What the plaintiff in the above suit attempted doing was to use the name of the President to invoke the original jurisdiction of the Supreme Court through the back door”.
It is for this reason that I call on civil Societies to insist that Politicians allow the judiciary to function freely. Politicians need to stop mounting unnecessary pressures on the judiciary and allow it perform their functions seemlessly.
Civil Societies must insist on the full implementation of the New Electoral Act as it will drastically reduce the interference of the Court in election matters.
On the issue of the Electoral Act 2022, Barrister Lawrence highlighted the 80 new provisions introduced in the Act that without a doubt will immensely impact and improve the electoral process and will go a long way in reducing manipulation or rigging of elections in Nigeria.
On the controversy surrounding Section 84 (12) of the Electoral Act 2022, the Speaker maintained that henceforth, for a political appointee to vote and be voted for in a party primary, he must vacate the position before he or she can be eligible to participate in a primary election, convention, or congress of political parties either as a candidate or as a delegate.
He argued that the disparity of what constitute political office holders and public office holders has long been settled by the provisions of Sections 66(1)(f), 107(1)(f), 137(1)(g) 182(1)(g) of the 1999 constitution stipulating that elected public officers include civil servants, who are free to contest an election but must resign their positions at least 30 days to the date of the election.
“It is instructive to state that the Court have in plethora of cases ruled that political appointees are not public office holders. For the avoidance of doubt, see, Adamu v. Takori (2009) LPELR-3593(CA), Hon. Commissioner for Local Government and Chieftaincy Affairs & Anor v. Oba Adeyinka Onakade (2016) LPELR-41133(CA),
Oni v. Fayemi & ORS (2019)12”
In case of Chief Nduka Eddie V. Attorney General of the Federation & Ors, the Plaintiff challenged the legality of Section 84(12) for breaching on the fundamental human right of the political appointees and therefore should be struck down or deleted completely. The Federal High Court agreed with the Plaintiff and strike down Section 84(12) and directed the Attorney General of the Federation to delete the said controversial new Act.
On appeal, the judgment was set aside on the ground that the Plaintiff/Respondent did not show the cause of action and or locus standi but agreed as obiter that Section 84(12) infringes on the right of political appointees. This infringement is not sufficient as it is done in the best public interest.
Democracy has come to stay. We all have to embrace it. We must all come out to vote on election day. The rigging that has characterized elections in the past will no longer be easy. The votes will not just count, it will be taken into account.
Election rigging is one of the major problems of Nigeria because it is the robbing of the choice of the people and when you thwart the choice of the people, it produces wrong candidates who will not deliver the dividends of democracy
The Electoral Act 2022 is a laudable effort to keep the Nigerian electoral process up to speed with other democratic countries. The challenge will ultimately rests on the shoulders of the judiciary to adjudicate.
It is safe therefore to conclude that the new Electoral Act is a timely improvement of the old order and if properly executed, it will go a long way in bringing sanity and transparency to Nigeria’s chaotic electioneering past.
In conclusion, the Speaker submitted that for the electoral process to be credible, it is not only the INEC that need to do what is right, Civil Societies need to engage, collaborate critical stakeholders and the judiciary need to unbiasedly correct any noticeable wrong in the process without fear or favour.
December 11, 2022.
