Candidates and parties dissatisfied with the outcome of last Saturday’s presidential and national assembly elections are expected to – as is often the case – challenge the results at Election Petitions Tribunals. What should Nigerians expect of the tribunal’s judges? Can anything be done to enhance their efficiency and insulate them from political pressure and inducement? ADEBISI ONANUGA reports.
Politicians are expected to approach election petition tribunals around the country to resolve post-election disputes arising from last weekend’s presidential and national assembly elections.
Chief Justice of Nigeria (CJN) Olukayode Ariwoola last November 7 at the National Judicial Institute (NJI) in Abuja, inaugurated a 307-member 2023 Election Petitions Tribunal for this purpose.
The tribunal’s judges were those nominated by the President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem from Federal and State High Courts.
The president of the appellate court is statutorily empowered to constitute election petitions tribunals.
Section 285 of the Constitution and Section 130 of the Electoral Act 2022 states that the Election Petition Tribunal shall be constituted not later than 30 days before the election and open its registry for business seven days before the election.
The Electoral Act prescribes the court/tribunal where the petition shall be filed, the parties, grounds for presentation, and the conduct of the entire proceedings.
Section 285 (1) of the Constitution states that there shall be established for the Federation one or more election tribunals, which shall to the exclusion of any tribunal, have original jurisdiction to hear and determine petitions relating to National Assembly elections.
Thus, petitions arising from National Assembly elections are heard by designated tribunals.
The Governorship and Legislative Houses Election Tribunals handle petitions arising from elections conducted in the states of the federation for governorship and houses of assembly.
For presidential elections, however, the appropriate court to hear election petitions is the Court of Appeal.
Warning for tribunal members
In his address at the inauguration, CJN Ariwoola warned the tribunal’s members to shun corrupt practices. He reminded the judges that the task ahead of them was neither easy “nor an undertaking to be handled with levity.”
He admonished them to discharge their responsibilities with honesty, integrity and transparency, adding that they ought to “do what is right in our law books and you will have your names etched in gold.”
Justice Ariwoola counselled them to conduct their responsibilities “within the ambit of the law and the oath that has just been administered on you.”
“As the Chief Justice of Nigeria, I will not condone any act of recklessness, abuse of power and public trust”, he warned.
Presidential Election Petition Court
The Court of Appeal will serve as the Presidential Election Petition Court. But its decision will be subject to appeal at the Supreme Court which shall have the final say on the matter.
Following its inauguration last November 7, the Presidential Election Petition Court opened its registries in Abuja and across the 36 states of the federation on February 18.
The registries will receive petitions that may arise from last Saturday’s election from any of the 18 presidential candidates that contested in the poll.
Similarly, Justice Dongban-Mensem on February 22 constituted an Election Petitions Tribunal for general elections in Kwara State.
307 ‘wise men’
Justice Dongban-Mensem, who also spoke during the inauguration at the NJI, Abuja, gave an insight on how the 307 ‘wise men’ were selected.
According to her, the Federal High Court donated four judges for the exercise, while the National Industrial Court released three of its judges.
The FCT and State High Courts donated 213 judges, the Customary Court and the Sharia Court donated 13 and 27 respectively while the Chief Magistrates Court gave 17 of its Magistrates, bringing the number to 277.
An additional 30 judges were also drawn from the different levels of the judiciary.
Resist pressure, temptations
The PCA advised the judges not to allow themselves to be used as conduit pipes for evil.
“Your decisions on election petitions must be based on your clear understanding of the facts and application of the laws which you swore to uphold upon your appointment (as judges).”
“You must resist any form of pressure and influence as well as temptations that may come your way,” she said.
Avoid financial inducement
Justice Dongban-Mensem further warned registrars of the tribunals during a capacity-building workshop held on January 9 at the NJI, Abuja. She cautioned them against engaging in corrupt acts.
Justice Dongban-Mensem urged them not to see the task assigned to them as “an opportunity to make money to enrich yourselves”.
“Anyone found guilty of corruption will be sacked by the Federal Judicial Service Commission (FJSC) and prosecuted. The court will not hesitate to deal with anyone found wanting in this regard,” she said.
The PCA told them that they owed the judiciary an obligation to discharge their duties with utmost good faith and not be carried away by financial and other forms of advances.
“Your integrity and that of the tribunal and its members are in the public spotlight. You must, therefore, ensure you are not used as weapons to truncate the process. Ensure to live above board so that you will not put the judiciary into disrepute”, she warned,
Obey the ballot box
Three days before the presidential and national assembly elections, a group, the National Coalition for Peace and Unity led by former Senate President, Ken Nnamani urged Nigerians not to allow judges to decide who rules the country. It warned that this could happen if the electorate, politicians and political parties do not play by the rules of the ballot.
The group comprising its Secretary-General, Cairo Ojougboh and a former Anambra State governor, Chukwuemeka Ezeife, advised Nigerians to obey the outcome of free and fair polls.
Task before judges, by lawyers
Before last Saturday’s election, the nation’s political landscape witnessed a torrent of pre-election disputes between parties which went through the High Courts, the Court of Appeal and terminated at the Supreme Court.
Unfortunately, the conduct of last Saturday’s election also witnessed different forms of complaints ranging from logistics problems, inadequate ballot papers, vote buying, and disenfranchisement, among others in different locations in the country.
There is no doubt that after the elections, as in previous ones, candidates and parties dissatisfied with the outcome will file petitions at the tribunals.
What are Nigerians’ expectations of the judges that will adjudicate on the petitions? What can be done to enhance their efficiency and insulate them from inducements?
Lawyers who are versed in constitutional and electoral matters offered suggestions on how to ensure a stable political climate for the country. They included a former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN); Chief Louis Alozie (SAN), Olalekan Ojo (SAN), Dr. Fassy Yusuf and Abayomi Omoyinmi
No fear or favour
Dr. Agbakoba agreed that there would be a flow of petitions from those not satisfied with the outcome of the presidential and national assembly elections.
He advised judges that will sit on the petitions to give their best.
“It is obvious that the election tribunal system will be quite busy. The advice to our Election Petitions Tribunal judges is to give their best without fear or favour with the fear of God, according to law,” Agbakoba said.
Avoid politicians
Alozie argued that judges have not done well in election-related cases, adding that this is where they step on the proverbial banana peel.
He noted that this time, the electoral law has changed.
Taking a cue from the recent Osun State election experience, he said there was not much of a chance of upturning the results of credible elections.
He, however, advised that “Their lordships should distance themselves from politicians. Their corrupting influence on them is so pervading.
“Their lordships should do their job in accordance with their oath of office. This will help save our democracy.”
Make judges inaccessible to
politicians
Ojo noted that in the first instance, the judges of the election petition tribunals are expected to discharge their judicial duties in accordance with their oath to dispense justice without fear or favour.
He said they are also expected to demonstrate their profoundly deep knowledge of the law and procedure, so that at the end of the day justice will not only be done, “but will manifestly be seen to have been done by all stakeholders including the parties and the electorate.
“With regard to how to insulate them from inducement, the welfare of the judges must be given paramount consideration. Adequate security must be deployed by the government.
Ojo also advised that judges that will serve on the Election Petitions Tribunal should be made inaccessible to litigants or their agents who may wish to offer them monetary inducement.
Lawyers, tribunal members should be fair
Dr. Yusuf called for fairness from all actors in the process, including petitioners, lawyers and tribunal members.
He said: “I hope that all of us, as ministers in the temple of justice, the adjudicators, that is, the judges, the petitioners, the respondents, and all those that would be involved would allow justice, equity, fairness to prevail.
“Every one of us that is going to be involved must, like Caesar’s wife, be above reproach.
“We must ensure that the democratic norms are given fillip and that the Nigerian society is in a position to assert itself so that Nigeria will become a bastion of democracy, justice, equity, fairness, peace and concord.”
Tribunal judges must be above board
Dr. Yusuf admonished those that will be presiding over the various tribunals to ensure that they live above board.
He added: “Justice must be transparently dispensed. They must ensure that spirituality, and Godliness reign supreme in their minds. They do not need to compromise and they have no business compromising their conscience”.
Deploy technology
Dr. Yusuf further canvassed the need for the tribunal’s members to be provided with all the tech tools they need to make their jobs fast and efficient.
He said: “It must be ensured that all the gadgets they need are provided because they must make use of technology.
“Without gagging them, they must ensure that electronic gadgets are installed in all essential places- their hotels, the courtrooms, everywhere these judges would be while presiding over cases.
Provide security for tribunal judges
The lawyer also urged the government to look inward and ensure that “transparent security officials are detailed to guard our judges and that any compromise of the standard or situation is reported to the powers that be.
“We need technology to drive the process; we need an enabling environment for our judges to operate.
“I believe if things are done transparently, if justice is dispensed transparently, then both the litigants and the society will have trust in the system and there would be no need to resort to self-help.
People resort to self-help when they have lost trust in the system. No opportunity should be created for people to lose confidence in the system.”
Dispense judgment with fairness, equity
A former member of the Ogun State Judiciary Commission, Abayomi Omoyinmi, also tasked the tribunal on the need for equity.
Omoyinmi noted that some of the Judges seem to be very experienced in election matters.
He said based on this, “one should expect a firm and courageous approach to duties from the judges who had in the past presided over election matters.”
He noted that the updated Electoral Act 2022 will be in operation as the electoral law to be used in the tribunal, “and therefore, judges must interpret the law where it is applicable, devoid of sentiment and in line with the principles of equity, justice and fairness.”
He advised that “the judges must also be protected with adequate security in their respective places of assignments, their allowances must be regularly disbursed while also providing for them a good environment for their sittings.”
He noted that in some cases, the courtrooms provided are too small and sometimes overcrowded.
Provide new technology
Omoyinmi also harped on the introduction of new technology to enhance their efficiency and prevent conflicting pronouncements on decisions “especially judgments that may be decided based on some of the new provisions in the 2022 Electoral Act as we have witnessed recently from Osun State.
