Judicial Oversight Remains Key In Electoral Matters -Adeyanju

A Human Rights Lawyer and Activist, Deji Adeyanju says judicial roles remains necessary in the determination of electoral processes in the country

This is contained in a statement issued to newsmen on Thursday, in Abuja.

“Under the Sections 6, 239 and 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), election tribunals and appellate courts are expressly vested with authority to adjudicate disputes arising from governorship and presidential elections.”

“To suggest that courts should not “determine who wins elections,” is to effectively suggest that courts should abandon their constitutional responsibilities.”

“In Lakanmi v. Attorney-General (Western State) (1971) 1 All N.L.R. 225, the Supreme Court firmly rejected efforts by the military government to shield its actions from judicial scrutiny.”

“The courts do not conduct elections; they interpret whether elections were conducted in accordance with the law. If they were to step aside, it would imply that electoral fraud and irregularities will go unchecked.”

The reality of Nigeria’s political culture makes judicial intervention indispensable. Politicians, political parties and even INEC are, too often, badly behaved. Without the intervention of the judiciary, injustice would be cemented as victory.”

“It was the courts that restored the mandates of politicians like Adams Oshiomhole, Rotimi Amaechi, Olusegun Mimiko, and Peter Obi.”

“These leaders would not have assumed office but for the intervention of the judiciary. The problem, therefore, is not that courts determine the outcome of elections; it is that political actors keep creating circumstances that require their intervention.”

“Reforms of our justice system is extremely necessary to eradicate judicial compromise in electoral cases and strengthen the integrity of the judiciary but not stripping the courts of jurisdiction.”

“An impartial and merit-based appointment process for judges will bolster the confidence of the public in the adjudication of electoral matters. We need better judges not fewer judicial powers.”

” In a constitutional democracy, courts are the last line of defense against arbitrariness. Weakening the courts therefore will do us no good.

PR/Garry Ochigbo