ASSPT calls for less Judicial involvement in electoral process

Warns INEC against allowing MC Oluomo controlled logistic platform to handle sensitive materials for elections in Lagos State

The Abuja School of Social and Political Thoughts (ASSPT) has raised the alarm that the courts are taking over the electoral process stressing that this is very dangerous for the development of democracy and sustainable peace in the country.

The group argued that the electoral process is based on the will of the people and the freedom of the people to choose their leaders adding that the process needs to be strengthened to avoid the possibility of post-election violence.

ASSPT also urged the Independent National Electoral Commission (INEC) to go the extra mile to ensure that it does not jeopardize the credibility of the elections warning that any dealing with MC Oluomo controlled logistic platform in handling sensitive materials for the elections in Lagos State is a complete negation of objectivity and neutrality.

Briefing journalists yesterday in Abuja, Executive Director of ASSPT, Dr Sam Amadi observed that role of the courts in managing electoral disputes has become controversial adding that some of the recent judgments by the courts have weakened confidence in the judiciary and its role in the electoral process.

He said, “A few weeks ago, the Supreme Court declared that former Governor Akpabio the lawful candidate for Senate in Akwa Ibom. This is a matter that the INEC Rec reported that Akpabio did not contest the right primary. We take the view that in such cases as the Akpabio case, the intervention of the Supreme Court often suggests usurpation of the right of party members to elect their candidates. The worst case is the case of the Senate President who did not contest for the Senate because he was involved in the primary for the presidential candidate of his party. The court basically imposed him on the ground of the internal affair of the party and on the mere technicality of the form of originating the suit by Machina. These decisions expose the highest court of the land to complaints of taking over the work of INEC and the voters. Another of case that weakens confidence in the judiciary and its role in the electoral process is the case over the leadership of the All Progressives Grand Alliance (APGA). In the case, the Supreme Court made the error of referring to Chief Umeh instead of Chief Edozie Njoku as the Chairman of the party. Justice Mary Odili, who read the lead judgement has written to correct the error. But instead of the Supreme Court clarifying the true situation through a definite statement, it has allowed political gladiators to feed on the confusion it created to engage in the persecution of one another”.

Amadi noted that the 2023 general election calls for less judicial intervention and recommended that the courts develop a better jurisprudence that will enable it to revert ultimately to the political bodies, especially to INEC.

“Instead of making the final decisions in these cases, INEC should rather give directions to INEC on what to take into consideration to make a better decision. This will be a more legitimate approach in adjudicating electoral matters. We want to see court only decision those issues that are more judicially manageable and reserve the politically complicated decisions to INEC”.

Amadi further noted that the Abuja School has identified a dangerous nexus that needs to be closely monitored to ensure that the country has free and fair elections which is desperate politicians-weak INEC-overbearing court.

He stressed the need to stop the activities of desperate politicians who will stop at nothing to distort and manipulate the system adding that it will be futile for INEC to trust these politicians and play into their hands.

“There is already dangerous development in this regard. Early this week, there was a report that the INEC is determined to use MC Oluomo’s logistic platform to handle sensitive materials for the elections in Lagos State spite being a decorated general in the presidential campaign of the APC. The presidential candidate of the PDP has called on INEC not to employ the MC Oluomo group for the movement of electoral materials because of the real possibility of undermining the credibility of the elections in Lagos State.
INEC needs not be told that any association with any platform under the control of MC Oluomo is a big risk. Whatever it will take for INEC to maintain credibility must be done”.

“But the fear remains that INEC has not grown in its professionalism and integrity to manage these issues. INEC’s failure to be authoritative and procedurally smart as a regulator is one reason the courts are drawn needlessly into the conflicting political arena. If INEC becomes more authoritative and transparent in its decision-making, there will be little resort to the courts and where matters come to the courts, they will be more willing to revert it back to INEC to decide with guidelines from the court.
We want to see INEC take a bold and correct decision in the MC Oluomo and APGA cases. In the case of MC Oluomo, INEC should disengage his road transport union from the distribution of materials in Lagos State because of his obvious and open involvement in the presidential campaigns of Bola Ahmed Tinubu of the APC. In the case of APGA leadership tussle, INEC should immediately affirm the decision of the court on the matter and no longer refuse to seat Edozie Njoku who the Supreme Court seem to have recognized as Chairman of the party “, he added.