A Senior Advocate of Nigeria (SAN), Chief Jibrin Samuel Okutepa, has called on the country’s judiciary to prioritize substantial justice over technicalities in election cases.
Okutepa made this plea at the first Inter-Party Advisory Council (IPAC) roundtable held on Thursday in Abuja, where he emphasized the need for the judiciary to avoid technicalities that can lead to injustice.
The roundtable discussion, which brought together stakeholders from the judiciary, political parties, and civil society organizations, identified key issues affecting the judiciary’s role in democratic sustainability.
In his keynote address, Okutepa cited several cases where the judiciary’s emphasis on technicalities has led to inconsistent decisions and undermined public trust.
The SAN also criticized the judiciary for its handling of election petitions, saying that the focus on technicalities has created roadblocks to justice and democratic growth.
He urged the judiciary to adopt a balanced approach that considers the broader interest of the community and the need for redress in election-related grievances.
According to him, “True democracy is far from Nigeria. The news making rounds in our elections since the advent of civilian rule in most cases are worrisome and frightening to say the least.
“Substantial justice, which is actual and concrete justice, is justice personified. It is secreted in the elbows of cordial and fair jurisprudence with a human face and understanding. Technical justice, in reality, is not justice but a caricature of it.”
IPAC National Chairman, Yusuf Mamman Dantalle, also expressed concerns about the judiciary’s role in Nigeria’s democratic process.
He cited recent cases of conflicting court orders and judgments, which he said have led to public lack of confidence in the administration of justice.
“Unfortunately, there seems to be anarchy and rebellion in the temple of justice – conflicting courts orders/judgements by courts of coordinate jurisdiction,” Dantalle stressed.
In his remarks, the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, emphasized the importance of an independent judiciary in ensuring democratic sustainability.
He noted that the judiciary faces various challenges, including inadequate funding, delays in justice delivery, and judicial independence.
Ganduje called on stakeholders to support efforts to enhance transparency, accountability, and integrity within the judiciary.
“I believe one of the key pillars of a vibrant democracy is an independent judiciary, therefore, stakeholders in the democratic process must ensure that the judiciary remains free from external influences and interference,” he said.
Other participants at the roundtable
identified constitutional interpretation and judicial review, dangers of conflicting court judgments, and judicial independence and accountability as key issues affecting the judiciary’s role in democratic sustainability
They recommended that the judiciary take a hard look at principles of electoral jurisprudence that aid and abet rigging and imposition of candidates.
They also called for the introduction of forensic technology and automation in the electoral process to enhance transparency and credibility.
The roundtable communique emphasized the need for the judiciary to maintain a distance from politics and politicians, and to prioritize substantial justice over technicalities.
The document also called for legislation to entrench fixed arbitration panels in political parties to deal with internal disputes.
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