The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has admonished politicians to stop over burdening the judiciary with post-election matters.
The group made the remark in a communiqué issued at the end of its 2023 yearly general conference in Lagos with the theme, ‘Post Election Nigeria: Judiciary in the eye of the storm’.
It also condemned the attitude of prioritising election matters over every other matter in Nigerian courts to the detriment of ordinary Nigerians whose freedom may be at stake in a criminal matter or those that may suffer irreparable loss in civil matters.
It encouraged the judiciary to showcase itself as thoroughly independent and courageous in dispensing electoral justice without fear or favour, especially now that Nigerians are looking up to the courts for the correction of whatever may have gone wrong in the 2023 elections.
NBA-SPIDEL also recommended that searchlights should be beamed on the activities of support staff of judicial officers as some of them paint the judiciary in a very bad light.
At the yearly conference, stakeholders tasked judges and lawyers to critically uphold the integrity of the electoral process in the country.
They also recommended electoral reforms that will ensure that election petitions are concluded before inaugurations, decrying a situation where the courts are deciding future leaders of the country as against through the votes of the electorate.
The Lagos State Governor, Babajide Sanwo-Olu, who was represented by Secretary to the State Government, Mrs. Bimbola Salu-Hundeyin, said that Nigerians and especially lawyers must desist from casting aspersions on the judiciary, no matter how they feel about the outcome of the legal process.
In any democracy, she said, court decisions provide a way and opportunity for those who feel dissatisfied in an electoral contest to seek redress.
“It is important to emphasise the need for us as citizens, especially we, who are the political class, to accept the judgment of courts in good faith after exhausting the options guaranteed by the constitution.
“We must also refrain from casting aspersions on the judiciary no matter how we feel about the outcome of the legal process.
“Doing otherwise will amount to running down a key institution charged with the responsibility of upholding the sanctity of the rule of law and democracy. I strongly believe that our collective energy should be channeled towards pushing for necessary reforms that will address the challenges militating against the evolution of the Judiciary and our collective desire,” she stated.
In his goodwill message, governor of Abia State, Dr. Alex Otti, said the NBA needs to seriously look into the activities of some lawyers whose craving for monetary gains have undermined their ethical obligation to stand for justice.
He recalled his tortured journey for justice after he was denied his electoral mandate before the last election, and said money now plays a major role in who gets justice.
Former NBA President, Dr. Olisa Agbakoba (SAN), on his part, called for the unbundling of the Independent National Electoral Commission (INEC), noting that the commission is saddled with many responsibilities, which have made it ineffective in the handling of its constitutional role.
He stated that if INEC had performed its role of being a good umpire, then there would be little or no petition from political parties and politicians.
Agbakoba recommended that the work of INEC should be limited to the job of a referee with a whistle, who is not concerned about marking the field or the team or making sure that the nets are in good shape.
“The foundation of an electoral process will need to be built around a reformed electoral management body with INEC. INEC in its present form is overwhelmed with a lot of things,” he said.
Agbakoba recalled that the Justice Uwais report had made a couple of recommendations, adding that one of the issues facing the country is the lack of internal democracy within the parties.
“If there was transparent internal democracy, then it would be hard to get it corrupted,” he stated.
Human right activist, Femi Falana (SAN), in his contribution, cited examples from other jurisdictions and noted that there is nowhere politicians are sworn into office before the conclusions of the court matter challenging their emergence.
Falana said that there is a need to review the electoral act and reduce the duration within which electoral matters are decided.
His words: “In the last three years, Angola and Kenya held elections and the petitions were heard and concluded in 14 days before the inauguration of their President and others. There is no reason it cannot be done in Nigeria.”
He, therefore, called for the punishment of lawyers, who collude with politicians to subvert the course of justice, and warned that if the trend were not checked, the country’s electoral process would witness more ugly dramas.
Also, African Bar Association (AfBA) President, Hannibal Uwaifo, contended that it is not the right of the judiciary to select leaders for the people, but that of the voters.
“In Malawi, where there is election dispute, the only option available is to go back to hold fresh elections for a winner to emerge,” he pointed out.
In his welcome address, the former Chairman of NBA-SPIDEL, Dr. Monday Ubani, noted that Nigeria must get its electoral process right to be able to assume its rightful place in the comity of nations.
His words: “We are at the last stage of this important process in our electoral journey of 2023. The Electoral Act in section 134 gives any aggrieved candidate the locus standi to petition Tribunal on three main grounds: whether the respondent was qualified in the first place to participate in the process; whether the election was marred with irregularities, corruption and non compliance with the Electoral Act or whether the respondent was duly elected by the majority of the lawful votes cast at the election.”
Ubani noted that the choice of the theme was carefully selected to interrogate the role of all stakeholders in the electoral process to force a good path for the country.
Meanwhile, NBA-SPIDEL has elected new executives to pilot the affairs of the association.
The new executives are; John Aikpokpo-Martins, as the chairman; Princess Frank-Chukwuani (vice-chair), Funmi Adeogun (secretary), Chinedu Obienu (treasurer), Abdullahi Karaye (financial secretary) and Charity Ibezim (assistant secretary).
Other members of the executive are, Dr. Monday Ubani, Prof. Paul Ananaba (SAN), Kunle Adegoke, (SAN), Uju Agomoh, Kunle Edun, Okey Ohagba, Yakubu Bawa, Dorn-Claimz Enamhe, Igbeaku Evulukwu, Chinelo Ofoegbunam, Sam Ajayi Jaiye and Chisom Onuoha.
Chairman of NBA-SPIDEL 2023 electoral committee, Emeka Nwadioke urged the incoming administration to take the earliest opportunity to appoint zonal representatives for the Section as provided for in Article VIII of the Nigerian Bar Association Uniform Bye-Laws for Sections,” and to assist the regime in delivering on its all-important mandate of safeguarding the public interest.
He also recommended that the Section embraced electronic voting or voting through email to deepen its democratic process
“This will enable all NBA-SPIDEL financial members (and not only those who attend the yearly conference or the Biennial General Meeting in-person) to be a part of the voting process,” Nwadioke stated.
