There are three issues we have to do, however the majority is determined by the politicians. One of them is to make sure that the legislation is reformed. Everybody concerned in legislation reform is a politician; that’s the irony of the matter. When we are saying we have to change the legislation, we should not neglect that each member of the National Assembly is a politician and potential beneficiary of the legislation. The president is the opposite half of the legislative course of as a result of the legislative energy of Nigeria is invested in two individuals – the National Assembly and the president, as a result of if the president doesn’t signal, it can not change into legislation. So, the 2 of them are politicians, which implies it’s only by ethical persuasion that such an modification will be achieved.
In the 2023 election petition proceedings, the court spent much less time than the litigants themselves. The Supreme Court spent lower than every week to provide its determination they usually did comparable factor when Awolowo and Shagari had been earlier than them. On the court facet, there isn’t an issue. Where there’s a drawback is the place you’re asking the court to be sooner than the authorized proceedings or to provide you aid which they will’t give by legislation, or to cease entertaining instances which they need to entertain by legislation. Once the legislation is modified and the politicians change their behaviour, then, the judiciary is the best as a result of it’s the most law-abiding and most cooperative, they usually don’t trigger issues for anybody. I didn’t file the petition for the election, so the Supreme Court didn’t give me an unfair judgement as a result of I didn’t file something. And if I file one, they’ll give me logic. I believe what’s necessary to state right here is that, an election petition is not a obligatory competitors course of within the quest for energy. The motive we preserve having this pressure is as a result of the court doesn’t have what the politicians need. So, there isn’t a time within the historical past of election litigation that the politicians can be glad with the court as a result of the court can solely offer you justice. Politicians don’t need justice. They need judgement resulting in energy. So, they see the court as one other layer of getting energy. But, the court isn’t designed to provide you energy. The court is designed to provide you justice. So, typically you could get justice, but when justice doesn’t land you in energy, you say this isn’t justice.
I believe there’s a normal misunderstanding of the rule of the court and the rule of legislation, and I noticed that in the middle of our electioneering. There is none of this judgments by the Supreme Court that I didn’t predict. At no time can what occurred on election day be earlier than the court. That is not what it’s for. What is earlier than the court is the petition that the individual brings earlier than the court and if the petition doesn’t resemble what occurred on election day, the court received’t speak about it as a result of the court isn’t requested to oversee the Independent National Electoral Commission (INEC). The court is there to hearken to the petition earlier than it and if the petition earlier than it doesn’t seize INEC’s errors appropriately and goes exterior to speak about different issues that battle with the legislation, don’t say the choose who lives in Surulere, the place the anomalies of the election occurred, it’s anticipated to see causes with you. Sorry, he’s not taking a look at that. He is taking a look at what’s written earlier than him. Judges don’t have plenary powers. They are such as you and I on an bizarre day. The jurisdiction to find out the difficulty is proscribed by the declare earlier than it and the relevant legislation.
Some have argued that the Supreme Court positioned extra emphasis on technicalities in its determination as a substitute of trying on the substance of the matter. For occasion, the difficulty of the Chicago State University certificates which was not thought of in any respect. What do you assume?
In election issues, there are three issues it’s a must to think about. One, for people who find themselves not legal professionals, every part about legislation is technical to them. Two, election matter is claimed to be sui-generis; it doesn’t observe the standard procedural, technical and substantive kind as a result of election itself is technical in nature. It has a time restrict, what you possibly can plead, who is usually a petitioner and who can’t. The entire jurisprudence of election is technical by nature.
Thirdly, the declare of the celebration earlier than the court was not a substantive declare; it was a declare primarily based on technicality as a result of if I come to court and say I scored the very best votes and I can show it; that’s substantive. If I come to court and say, effectively, the opposite individual scored extra votes than me, however he’s not certified, that’s technicality. Even if I say he doesn’t have a certificates, it’s technicality since you are not saying he’s the one the individuals voted for. You are saying that, effectively, he will be the winner, however his vote on technical grounds ought to be struck out or discountenanced or wasted as a result of his deputy should file a paper inside 30 days and he didn’t file it. That is technicality, too.
In the case of Lyon in Bayelsa, the Supreme Court didn’t say Lyon didn’t win the election. They mentioned his deputy had a technical drawback. That is the difficulty. You can’t come to court to hunt technical aid and complain that the court is answering you technically. This 12 months’s petition was essentially the most technical of all as a result of all of the issues they had been speaking about had been technical by nature. On the difficulty of Chicago State University, there are three levels to it. Even if the court had admitted the proof, it nonetheless received’t make a distinction, however the Supreme Court, being a closing court, didn’t do ‘aguendo’ the place you don’t agree with it, however you’ll nonetheless admit it in case a court above disagrees with you. If that they had introduced it to the Court of Appeal, it could have mentioned the case isn’t admissible, however let me simply assume that it’s admissible in case it will get to the court above. But the case was dropped at the Supreme Court as recent, nevertheless it has a strict rule as a result of they don’t admit witnesses. Again, for the court to have a look at what the court on the decrease degree hadn’t checked out earlier than, they need to assume the place of the court beneath as a result of if they’re to imagine the perform of the court beneath the time restricted for Court of Appeal to take a seat on it had expired and that limitation of time is not acknowledged within the electoral act, it’s located contained in the structure and the structure is superior to the Supreme Court as a result of it’s from the structure that the Supreme Court was created. So, something that’s opposite to the structure, the Supreme Court can not assist you.
There are some pronouncements that the Supreme Court made in that judgement, which I hope politicians will abide by, for instance, the difficulty of 25 per cent of the FCT, what’s your tackle that?
When the Supreme Court decided within the case of Atiku or Obi versus Tinubu, it didn’t have to go looking for a brand new rule. They simply referred to the INEC determination. It may be very clear that it’s not required. In 4 12 months’s time, some would have forgotten if the difficulty got here tangentially shut. Some individuals would nonetheless make the argument that it’s the nature of legislation observe. Don’t assume that is the final time you’ll hear it or hear it in court.
The INEC IREV and its Bimodal Voter Accreditation machine got here up within the petitions of the petitioners on the Supreme Court, despite the fact that the court had earlier dominated on comparable issues previously, like that of Adeleke vs Oyetola and Oyebanji vs Oni. Do you assume the apex court has spoken loudly sufficient for everyone to now perceive?
That brings me again to what I mentioned earlier. Politicians don’t go to court trying for justice, they go there trying for energy. The option to get and clear election is to have good and clear politicians. Next to that’s to have your brokers at each polling unit. Once the election is performed and you’re given your outcomes, you collate your individual outcomes. In truth, you possibly can have your individual inner IREV. In the SDP, the place we ran, we had our personal state of affairs room, and we had been collating our outcomes from all our brokers on the sphere. When we began having issues, we seen that they went on ‘Awol’ as they had been not sending us something. From our findings, only a few controversies emanated from the polling models. If you’re complaining about 86000 polling models, you’ll robotically want 86000 polling brokers to come back and say I used to be there, that is the end result given to me, however it’s fully totally different from what was introduced on TV. People assume the election litigation course of is a continuation of the election marketing campaign.
What is your tackle retired Justice Musa Muhammed Datijo’s allegations, just like the Chief Registrar of the Supreme Court incomes greater than the Chief Justice of Nigeria?
What he mentioned is barely shocking to the general public. It is not to anyone who has met him. The approach he spoke at his valedictory is how he speaks day-after-day. He is understood for that. He speaks straight from his coronary heart. He believes in Supreme Court jurisprudence. He is anxious about what they do exterior the courtroom, which is the executive facet. That was what led to the issue the place the late Gani Fawehinmi took your complete Supreme Court to court once they needed to acquire Mercedes Benz from President Babangida at the moment. It can be a part of the issues you will see within the relationships between the senior legal professionals like us and judges, the place a choose would have a birthday or an occasion and legal professionals who know that the judges are not effectively paid give some type of assist. It can be the identical motive that they had an issue with Walter Onoghen earlier than he entered the manager department. If you’re the head of the court, you’ll have issues along with your colleagues similar to any human sources drawback as a result of, for instance, if the courtroom roof is leaking, it’s the Chief Registrar, who’s the Head of the Tenders Board, who has to award the contract, whereas the Chief Justice of the court, who can be the chairman of the physique, is the approving authority. If you go to the states, you will note that the executive judges within the divisions at all times complain concerning the chief choose of the state.
It seems there isn’t a room for any perform for the quantity within the judiciary, what do it’s a must to say about that?
Yes, that’s why quantity two lasts so lengthy. It’s like a governor and deputy governor. I believe our normal angle to management in Nigeria wants a type of evaluation, which is that we have to be a little bit extra liberal. We have to keep away from concentrations of energy and privilege. In the case of the Supreme Court relating to what Justice Datijo is speaking about, even the Chief Justice himself has some measure of injustice to him with respect to remuneration. I don’t assume that speech is misplaced on his colleagues however for the general public, there isn’t a lot we are able to do for them as a result of the answer is inside their ranks, which is to evaluation their very own wage and discuss to the fee concerned
The structure talked concerning the variety of justices that ought to be on the Supreme Court at a given time, about 21, together with the CJN. But the quantity has depleted constantly by means of demise and retirement. What do you assume ought to be the mode of appointment of judges and justices?
There are two sides to appointments of Justices of Court of Appeal and Supreme Court. One facet is the judiciary itself, the place they take care of the standard of the individual they need, and the president, who has the facility to nominate. From my studying of the structure, the president is much more highly effective than every other individual as a result of he’s the one who can appoint. The NJC could make suggestions to the president. If the president isn’t glad, he received’t appoint. And that’s the finish. On the opposite hand, if the president appoints any person and the judiciary isn’t completely satisfied, the individual may have a tough time.
Can the president appoint with out the enter of the NJC?
Under the structure, if any person makes suggestions to you, it’s not an appointment. From what I do know concerning the presidential structure, you’re not sure to take any recommendation you’re not sure to take. You can disregard it. It is simply that it hasn’t occurred earlier than.
How can we open the method of appointment of justices to the Supreme Court in order that this inbreeding will be lowered?
Appointment to the very best court ought to be from bench and bar as a result of regardless of the bench is writing, the bar is producing it, however in Nigeria, I believe we try to make two radical adjustments. I believe on the minimal, begin with the Court of Appeal; don’t bounce to the Supreme Court . The judges are watching the legal professionals too as a result of they know their behaviour. The approach we’re watching the court, that’s how the court is watching the bar. Let’s begin calibrating from the court of enchantment the place you study judicial work.
