On the election petitions tribunals – Eze Onyekpere

The 2015 elections are over and we are in the season of election dispute adjudication. Election disputes are not just civil claims ventilating the rights of private individuals, they are claims and questions of wider significance to the integrity of our constitutional democracy and the political stability of Nigeria.

They also border on the collective interest of the society to be governed by a democratic government founded on the will of the people expressed in periodic and genuine elections. Although free and fair elections are best guaranteed by the conduct of the election management body, security agencies, other government agencies, political parties, candidates and the larger civil society, the courts have become the last resort once disputes arise in the electoral process. Therefore, the challenge is to use law as an instrument of social engineering to resolve democratic conflicts in the overall interest of the society.

In the adjudication of election disputes, courts are called upon to play a fundamental role to strengthen the pillars of democracy. It is not only about justice to the litigants but justice to the whole society and the respective constituencies that voted in the elections.

It is justice as to whether the votes count or the votes of constituencies are replaced by usurpers who assume office against the wish of the people. If those who actually won elections are returned through the courts, good governance will likely ensue while impostors who did not win the popular votes but find themselves in positions of power will likely subvert processes and create an atmosphere of impunity to cover their tracks.

As a popular aphorism says, a people cannot rise above the quality of their government. Thus, justice as conceptualised here is not about technical statements of the law but whether justice has been seen to be done by those who stayed under the sun and the rain to cast their vote.

The average Nigerian has lost hope in the ability of government (executive and legislature) to protect his rights and the judiciary is glorified as the last hope of the common person. The poser after the conclusion of the work of the tribunals and the appeals will be; Did the judiciary through the tribunals live up to this expectation? What was the public perception on the adjudication of the cases?

Thus, a case is made for sound electoral reform which should allow the electorate the final say on who represents them instead of what has been termed democracy by court order.

Bayelsa State Election Petition Tribunal begins sitting: Sylva v. Ben Murray-Bruce

The Bayelsa State Elections Petition Tribunal has begun sitting in the state.

The tribunal on Wednesday began a pre-trial hearing into the petition filed by a former Bayelsa Governor, Timipre Sylva, against the declaration of entertainment mogul, Mr. Ben Murray-Bruce as Senator-elect for the Bayelsa East senatorial District.

Sylva, the candidate of the All Progressives Congress for the district in the April National Assembly election, had approached the tribunal headed by Justice Ononoeze Madu, asking the court to declare Senator Murray-Bruce unqualified to contest the April 8 National Assembly election.

He had hinged his argument on the Senator’s dual citizenship and his refusal to relinquish such before the election.

In the News….Interim Injunction sought to stop the CJN from swearing in Buhari as President

….Please imagine this country without the immunity clause and this mind set.

Vanguard reports:

A Civil Society Organisation, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative, has ‎asked the Federal Court in Abuja to stop the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, from administering oath on the President-elect, Muhammadu Buhari on May 29.

‎The group, in an originating summons that was filed by its lawyer, Mr. Philip Ekpo, insisted that Buhari is not legally fit to take over as the President of Nigeria.

The plaintiff argued that Buhari did not meet the qualification enshrined in the 1999 Constitution and the Electoral Act, and ought not have contested the April 11, 2015, presidential election.

Cited as respondents in the suit were Buhari, the Independent National Electoral Commission and the Chief Justice of Nigeria.

The group specifically applied for an order of interim injunction restraining the 3rd Respondent or any person acting in his capacity, from swearing in the 1st Respondent as President of the Federal Republic of Nigeria on May 29, 2015, or any other date thereof, pending the determination of the Motion on Notice.

According to the plaintiff, “‎The 1st Respondent gave false information in the Affidavit he presented to the 2nd Respondent and on the strength of which he contested and purportedly won the presidential election which was conducted by the 2nd Respondent on
March 28, 2015.

In the News…Oyo State Election Petitions Tribunal gets 12 petitions.

The Oyo State Election Petitions Tribunal yesterday said it has received 12 petitions – 10 House of Representatives and two senatorial The Nation reports

In the News…Plaintiffs withdraw eligibility suit against Buhari

Plaintiffs in two of the three pending suits challenging the eligibility of the President-elect, Muhammadu Buhari, to contest in the March 28, 2015, presidential election have been withdrawn.

Justice Adeniyi Ademola who is presiding over the matters at the Federal High Court in Abuja subsequently struck out the matter after the plaintiffs indicated their intention to withdraw the suits on Wednesday 22nd April, 2015.

Chief Mike Ozekhome (SAN) who is representing one of the plaintiffs, told the judge that his client decided to withdraw his suit to afford the incoming government time to focus on the “enormous task” of governance.

When the second case which was filed by Max Ozoaka was called, his lawyer, Dr. Chike Amobi, also adduced similar grounds for withdrawing the suit.

With this development, the remaining pending eligibility suit against Buhari is the one filed by Ayakeme Whiskey (FHC/ABJ/CS/68/15).

In the News…Suit seeking to nullify elections conducted since 2011

Daily Independent Reports:

A silent judicial tsunami on the democratic process is brewing as the Court of Appeal in Lagos will on Wednesday entertain hearing in a suit seeking to nullify all elections conducted by the Independent National Electoral Commission (INEC) since 2011.

The suit, filed by the National Chairman of deregistered National Action Council (NAC), Olapade Agoro, is challenging the constitutionality of the time-table and elections conducted by INEC since 2011, including the election that produced Goodluck Jonathan as Nigeria’s president.

By implication, the suit is also challenging the constitutionality of the just-concluded national elections which held on March 28 and April 11, 2015 respectively. According to the suit, Agoro is contending that the time-table released by INEC on November 23, 2010 for the purpose of 2011 elections held between April and May was illegal in that the power of INEC to do so was derived from the Electoral Act of 2010. He argued that the Electoral Act 2010 itself was illegal and unconstitutional because it derived power from the Amended 1999 Constitution of 2011.

In the News…Supreme Court affirms Fayose as governor

The Supreme Court has affirmed Governor Ayodele Fayose as the duly elected governor of Ekiti State.The court gave the ruling today in Abuja.

The Supreme Court dismissed the appeal that was lodged against Governor Ayo Fayose by the All Progressives Congress, (APC).

In their unanimous judgement this morning, a seven-man panel of Justices of the apex court led by Justice John Fabiyi, held that the appeal which challenged Fayose’s election victory, lacked merit.

‎The panel maintained that the APC failed to prove its allegation that the election was fraught with unparalleled irregularities, adding that the allegation that Fayose tendered forged Higher National Diploma Certificate ‎to the Independent National Electoral Commission, INEC, was not proved beyond every reasonable doubt.

While upholding the concurrent judgements of both the Ekiti State Governorship Tribunal and the Court of Appeal which had earlier affirmed Fayose’s victory, the apex court, ‎further stressed that the respondent (Fayose) was not validly impeached in 2006.

Source: The Nation

Vanguard