Nigeria and as expected, the judiciary has been flooded with petitions from aggrieved candidates and political parties actively challenging the outcome of the elections at different levels. According to INEC, this year, 436 petitions have been filed by 10 political parties.
Accordingly, election tribunals have been constituted and well proceed to entertain the pith of these contentions by politicians for the next six months or thereabout (within the constitutionally stipulated 180 days).
However, while the use of the judiciary as a veritable system and platform for the resolution of electoral disputes is highly recommended and commended, the corollary effect on the dispensation of justice for the common man is unquantifiable colossal.
With the practice being that election tribunals be manned by Justices of the Court of Appeal across the country, the implication is that the appeals lying before these Justices before the elections won’t be heard at least within the next six months to one year while they carryout their national assignments.
This conundrum is more awful and worrying when one considers the fact that some of these appeals that ought to be heard within this period have been filed two to five years ago, and has tested the patience of litigants who have waited almost endlessly for justice to the done to their appeals.
Can we continue to put our entire justice system on hold because we conducted elections? Is this the best international practice? Aren’t there ways to ensure other sections of the society do not suffer lack of attention for the judiciary as politicians go about and defending or reclaiming their mandates?
Another dimension to this palaver is the lack of communication from the Court of Appeal hierarchy. Till date, the public remains in dark about the Judges from the court designated to man the respective tribunals. Thus, in recent times, litigants who innocently go to the courts for their appeals are stinged with surprise when they are sadly informed of the unavailability of their Judges due to their posting for “national assignment”.
This renders the efforts of Counsel and parties, some of who travel long distances, scaled several hurdles to be present at their courts, useless and wasted.
A list of Justices and their designated tribunals published few weeks ago was roundly debunked by the Court of Appeal management without an authentic alternative to guide Nigerians and Lawyers in knowing the availability or otherwise of the Justices handling their cases within this period.
It must also be stressed, that while the judiciary is prioritising the determination of political cases this season, there are a lot of other matters of urgent nature lying before it. Some of these issues have far-reaching implications on the economy of the country, others involve human rights abuses which acclaimedly is a cornerstone of our democracy enshrined and accorded elevated status by our Constitution. The abandonment of these cases is not the best for our society at large, as recourse to self-help and anarchy may be lurking due to the unavailability of Justice from the Courts within this period.
The National Judicial Council in conjunction with the Heads of various courts, as well as the NBA and Body of Benchers wear their thinking caps and devise a way in which the resolution of election disputes would not result in the lack of resolution of other disputes before the courts.
We recommended a constitutional review to allow the appointment of retired Judges and Justices who are still hale and hearty and are vastly experienced after decades of services to man the various election tribunals in the country after elections, to allow regular Judges/Justices continue hearing their matters.
Other patterns can be devised by stakeholders to effectively resolve this dilemma.
Furthermore, the Courts should improve in their communication.
Parties and Lawyers should be updated by the courts about the status of their matters, the engagement of Judges as well as the new schedules, in order to prevent the waste of precious resources to attend court hearings and be met with disappointment.
In conclusion, we hope as we try strengthen our democratic experience as a country, we also recognize that part of efficient justice, is the timely resolution of matters brought before the Courts. Thus, we must ensure that we don’t jeopardise the smooth-running of our courts in favour of election disputes because what is good for the goose is also good for the gander.
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