The warning by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, that judges appointed to election tribunals could be carefully scrutinised couldn’t have come at a higher time than now when the Independent National Electoral Commission is making efforts to make sure that the 2027 elections are free, truthful and credible, Davidson Iriekpen writes
Ahead of the 2027 normal election, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, final Wednesday warned that judges appointed to election tribunals could be carefully monitored. Speaking throughout the flag-off ceremony of the 2026/2027 authorized yr of the National Industrial Court of Nigeria (NICN), the CJN, who famous that some judges of the court docket could possibly be known as upon to function members of election petition tribunals, famous that the character of such an task demanded a nice diploma of impartiality and restraint.
The CJN maintained that the courts should stay intellectually ready to meet modern-day challenges, whereas guaranteeing that their selections remained firmly anchored in the structure, relevant laws, binding precedent and established rules of judicial reasoning.
She added that judges should make sure that nothing in their associations, public engagements or different conduct creates a affordable notion of political alignment or predisposition.
Kekere-Ekun additionally cautioned attorneys in opposition to duplicating court docket actions in completely different jurisdictions in a method that might consequence in conflicting judgments, undermine public confidence and expose the judiciary to disrepute.
She additional known as for restraint in public commentary on judicial proceedings, saying criticism of judgments mustn’t degenerate into private assaults on judges, deliberate misrepresentation of proceedings or makes an attempt to strain the courts by public opinion.
The CJN urged judges to uphold absolute neutrality, restraint, and detachment forward of the 2027 normal elections. She warned that judicial conduct will probably be monitored carefully, and any public engagements, associations, or actions suggesting political alignment have to be averted.
She mentioned: “As we method one other electoral season, these tasks assume even better significance. Some of Your Lordships might, in accordance with the relevant constitutional and authorized framework, be known as upon to function members of Election Petition Tribunals. In that capability, Your Lordships will probably be known as upon to resolve politically delicate disputes, which are a magnet for appreciable public consideration.
“The nature of such assignments subsequently calls for an excellent better diploma of impartiality, restraint and detachment. Whether sitting in this court docket or performing a Tribunal task, you have to stay aware that your conduct will probably be carefully scrutinised.
“You should make sure that nothing in your associations, public engagements or different conduct creates a affordable notion of political alignment or predisposition.
“The Bar must not ever develop into an instrument by which the judicial course of is manipulated for partisan or strategic functions. The correct discussion board is decided by legislation, not by the perceived chance of success earlier than a explicit decide or court docket.
“There is also a need for restraint in public commentary. The right to criticise a judgment or judicial process does not extend to personal attacks on judges, deliberate misrepresentation of proceedings or attempts to bring pressure to bear on the court through public opinion.”
It is not information that INEC has fastened January subsequent yr for presidential and federal legislative elections, whereas these of the governorship and state legislatures are slated for February.
For many, the warning by the CJN couldn’t have come at a higher time than now when INEC is frantically making efforts to make sure that the 2027 elections are free, truthful and credible.
On many events, the Chairman of the fee, Professor Joash Amupitan (SAN), has been assuring Nigerians that he would do the whole lot doable to ship elections that might fulfill Nigerians.
Even final Thursday, whereas delivering the keynote deal with on the tenth Annual Conference of the Guild of Corporate Online Publishers (GOCOP), themed “2027 Elections: Trust, Transparency and Shared Responsibilities,” Amupitan assured Nigerians that his fee was absolutely ready to conduct credible 2027 normal elections and would stay impartial with no most popular candidate or get together.
By the time INEC is completed with the elections, its personal aspect of the electoral course of would have been accomplished. The subsequent stage could be for the tribunals to takeover ought to there be those that are aggrieved with the method.
For occasion, for the reason that inception of the present democratic dispensation, all presidential elections have ended in court docket besides that of 2015, the place then incumbent President Goodluck Jonathan, after shedding the election, refused to go to court docket.
There is little doubt that irrespective of how passable the election could be, candidates who misplaced on the polls would method the tribunals to try to reclaim their “stolen” mandates.
Previous experiences of trying to search redress in courts had usually ended in disappointment and controversies, making the residents lose religion and confidence in the judiciary. For occasion, among the judges on the tribunals and Courts of Appeal who allegedly carried out very badly in Plateau and Kano states have been by no means investigated or sanctioned for his or her alleged poor judgments by the National Judicial Council (NJC).
The judiciary performs a important position in upholding democratic rules, defending elementary rights, and guaranteeing the rule of legislation. But in current occasions, it has confronted criticisms relating to controversial and incongruous judgments and perceived inconsistencies, significantly in political and electoral issues. This has led to considerations concerning the judiciary’s independence, impartiality and integrity, and its position in upholding democratic rules.
Judicial recklessness and the rising interference of the judiciary in political issues are undermining Nigeria’s democratic rules. Furthermore, it has allowed itself to be hijacked and weaponised by politicians for his or her egocentric pursuits and to the detriment of the nation.
Once considered the final hope of the widespread man, the judiciary is now seen by many as a nightmare, diminished to serving the whims and caprices of politicians by a string of shambolic judgments. If it’s not accused of issuing conflicting orders and selections, it’s accused of reversing earlier rulings and creating confusion. Some argue that these inconsistencies undermine public belief and confidence in the third arm of presidency.
There are many Nigerians who’re questioning if some judges who not too long ago benefitted from the federal and state governments’ lavish mansions don’t threat creating conflicts of curiosity or psychological obligations, doubtlessly undermining neutral rulings in opposition to the facilitators of such gestures.
Since there’s all the time the impression that the season of election petition adjudication is the perfect time some judges make large cash from politicians, the President of the Court of Appeal ought to make sure that judges chosen to hear petitions arising from the elections are folks of excessive integrity. Their previous judgments needs to be used as a part of a standards for his or her alternatives in order to keep away from imprecise and controversial judgments primarily based on ‘cash and carry’.
Instead of delivering judgments that might restore public confidence in the judiciary and strengthen Nigeria’s electoral course of, some judges, influenced by manipulation, exterior strain, or compromised integrity, challenge incoherent and contradictory verdicts.
Furthermore, they want to keep away from technicalities in their judgments and guarantee substantive justice that can fulfill all events in the petitions.
A powerful, unbiased, and accountable judiciary is significant to the supply of justice. As probably the most essential arm of presidency in Nigeria, it should shield all who search justice and lead in guaranteeing entry to it. Without this, the judiciary additional dangers shedding each its relevance and the general public’s belief.
