2023: CJN Issues Stern Warning to Election Tribunal Judges

•Says no room for acts of recklessness, abuse of power 

•INEC laments increase in pre-election trials

Chuks Okocha and Alex Enumah in Abuja

The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has sounded out a note of warning to judges that would be handling petitions that may likely arise from the conduct of the 2023 elections to put the interest of the country above parochial and sentimental conclusions.

Justice Ariwoola, who issued the warning at the Capacity Building Workshop and formal inauguration of members of the 2023 Election Petition Tribunals across the country, stressed that his administration “will not condone any act of recklessness, abuse of power and public trust”, adding that the judges should see their membership of the tribunals as a rare privilege for which they must  give a good account of themselves.

“Your Lordships should count yourselves worthy to be so entrusted with this humongous responsibility of deciding the fate of those that would be contesting elections into various political offices in the country in 2023.

“Though judicial officers are not known to possess some supernatural powers to perform wonders, I can confidently assure you that the society in which you operate will certainly expect the impossible from you as members of Election Petition Tribunals,” the CJN noted.

He explained that aside the expectations of the public, the judges should prepare themselves for all sorts of verbal assault and uncomplimentary remarks from some aggrieved politicians and their supporters but must remain steadfast and focused.

His words: “Trust is a burden and you must discharge it with utmost sincerity, honesty and transparency, because conscience is an open wound healed only by truth. You must rise and operate above every sentiment that might play out in the course of your adjudication in the various tribunals.

“There is no doubt that temptations, tribulations, intimidations and even sheer blackmails may be unleashed on you but as thoroughbred judicial officers, you must guide your loins to rise above them and do what will earn you accolades from your creator and also from the court of public opinions,”

Meanwhile, Chairman of the Independent National Electoral Commission (INEC),Mahmood Yakubu, has lamented the rise in litigations arising from the conduct of primaries for the nomination of candidates by political parties.

“So far, we have been joined in about 600 cases relating to the conduct of recent primaries and nomination of candidates by political parties for the 2023 general election. Only two weeks ago, one political party served about 70 court processes on the Commission in one day seeking to compel us to accept the nomination or substitution of its candidates long after the deadline provided in the Timetable and Schedule of Activities for the 2023 general election had elapsed,” Yakubu said.

According to him, the implication of the court cases “is that we are still dealing with issues of nomination of candidates thereby eating into vital time for preparation of and procurement of sensitive materials for the materials. It also means that the Courts will be dealing with the same issues long after the general election.”

While assuring the people that the Commission would continue to abide by court orders, the INEC boss stressed the importance of strict adherence to the principle of stare decisis.

“A situation where a trial court sought to vary the judgment of the Supreme Court by ordering the Commission to issue a Certificate of Return in favour of a candidate, whose emergence during the party’s primary election has been nullified by the apex Court (and affirmed by the same Court following an application for clarification) put the Commission in a difficult situation.

“The matter is currently being litigated again, possibly all the way back to the Supreme Court, thereby wasting the precious time of the Courts, which are already inundated by even the most improbable cases by litigation.”

In her remarks, President of the Court of Appeal, Justice Monica Dongban-mensem, stated that democracy was not just about the conduct of elections but the protection of the outcome of such election by way of adjudication of dispute arising therefrom.

She, therefore, charged the judges that would be adjudicating in the 2023 general election not to allow themselves to be used as conduit pipes.

“You must stand up to your values and good conscience at all times. Your decisions must be based on your convictions and the law that you swore to uphold.

“By the nature of your office, all sorts of avarice will come your way but you must be in total control of your courts and refuse to be used as tools to truncate the process,” she said.