Sanwo-Olu, Alex Otti, Agbakoba, Falana, others task judges, lawyers on post-electoral process
Governor Babatunde Sanwo-Olu of Lagos State, his Abia State counterpart, Dr. Alex Otti, a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba SAN, human rights activist, Mr. Femi Falana and many other stakeholders have tasked judges and lawyers on their critical role in upholding the integrity of the electoral process in the country.
They stated this, in Lagos State, on Wednesday, at the annual conference of the Nigerian Bar Association, Section of Public Interest and Development Law, NBA-SPIDEL themed, ‘Post Election Nigeria: The judiciary in the eye of the storm’.
They also called for the conclusion of all election petitions before inaugurations and decried a situation where the courts are deciding future leaders of the country as against through the votes of the electorates
In his opening remarks, Governor 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.
He said in any democracy, the court’s decision provides a way and opportunity for those who feel dissatisfied in an electoral contest to seek redress in the court of law.
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“It is important to emphasize the need for us as citizens especially we in the political class, to accept the judgments of the court in good fate 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”
In his goodwill message, Dr. Otti said that the NBA need to seriously look into the activities of some lawyers whose craving for monetary gains in their practice has 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.
On his part, Dr. Agbakoba 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 it constitutional role
He state that if INEC had performed it role of being a good umpire, then there will 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.
In his contribution, Mr. Falana 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.
Mr. Falana said that there was need to review the electoral act and reduce the duration within which electoral matters are decided.
“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”, he said adding that there is no reason why it cannot be done in Nigeria.
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He also called for the punishment of lawyers who collude with politicians to subvert the course of justice and warned that if the trend is not checkmated, the country’s electoral process will witness more ugly dramas.
Also contributing to the discussion, 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 election for a winner to emerge.”
Earlier in his welcome address, the Chairman of NBA-SPIDEL, Dr Monday Ubani noted that Nigeria must get its electoral right to be able to assume its rightful place in the Committee of Nations.
He noted that the choice of the theme of the annual conference was carefully selected to interrogate the role of all stakeholders in the electoral process in order to force a good path for the country.
Other speakers including law professor, Ernest Ojukwu also made contributions to the discussion which continues on Thursday.
