Expert calls on Judiciary to refrain from meddling in Political Matters

Folalumi Alaran

The director of the Abuja School of Social and Political Thought, Dr. Sam Amadi, has called on the Judiciary to refrain from meddling in political matters pertaining to the impending general election in 2023.

Amadi, who recently spoke on the topic of “Less Judicial Involvement in the Election is Needed” in Abuja, stated that the School and its partners have been analyzing reports of decisions made by courts regarding the election and expressed concerns that the courts are taking control of the electoral process.

The director claimed that because of the controversy surrounding the courts’ handling of electoral disputes, public trust in the judiciary and its role in the political process has continued to decline.

He said, “ We are worried by the fact that the courts are taking over the electoral process, which is based on the will of the people and the freedom of the people to choose their leaders. This process needs to be strengthened to avoid the possibility of violence post-election.

“ The role of the courts in managing electoral disputes has become controversial. A few weeks ago, the Supreme Court declared former Governor Akpabio the lawful candidate for Senate in Akwa Ibom. This is a matter that the INEC Rec reported that Akpabio did not contest the right primary. We take the view that in such cases as the Akpabio case the intervention of the Supreme Court often suggests usurpation of the right of party members to elect their candidates.

“ The worst case is the case of the Senate President who did not contest for the Senate because he was involved in the primary for the presidential candidate of his party. The court basically imposed him on the ground of the internal affair of the party and on the mere technicality of the form of originating the suit by Machina. These decisions expose the highest court of the land to complaints of taking over the work of INEC and the voters.

“ Another of the cases that weakened confidence in the judiciary and its role in the electoral process is the case over the leadership of the All Progressives Grand Alliance (APGA). In the case the Supreme Court made an error of referring to Chief Umeh instead of Chief Edozie Njoku as the Chairman of the party. Justice Mary Odili, who read the lead judgment, has written to correct the error. But instead of the Supreme Court clarifying the true situation through a definite statement, it has allowed political gladiators to feed on the confusion it created to engage in persecution of one another.

“ There are allegations of corruption leading to both court officials and the police prosecuting Edozie Njoku for fraud. If the letter from Justice Mary Odili is a fraud, the court should state and confirm that there is no error. But a letter from the Chief Justice has confirmed that there was an error. So, why is the person who ought to benefit from the court decision being prosecuted for fraud?

Amadi further stated that in the same capacity, the Independent National Electoral Commission (INEC) must do its part to guarantee that the integrity of the elections it is overseeing is not compromised.

He said, “ The Abuja School has identified a dangerous nexus that needs to be closely monitored to ensure that we have free and fair elections. That nexus is desperate politicians-weak INEC-overbearing court. We need to stop the activities of desperate politicians who will stop at nothing to distort and manipulate the system. It will be futile for INEC to trust these politicians and play into their hands.

“ There is already dangerous development in this regard. Early this week, there was a report that the INEC is determined to use MC Oluomo’s logistic platform to handle sensitive materials for the elections in Lagos State in spite of being a decorated general in the presidential campaign of the APC.

“ INEC need not be told that any association with any platform under the control of MC Oluomo is a big risk. Whatever it will take for INEC to maintain credibility must be done. INEC should go the extra mile to ensure that it does not jeopardize the credibility of the elections it is conducting. Any dealing with MC Oluomo controlled platform is a complete negation of objectivity and neutrality.

“ The school recommends that the courts develop a better jurisprudence that will enable it to revert ultimately to the political bodies, especially to INEC. Instead of making the final decisions in these cases, INEC should rather give directions to INEC on what to take into consideration to make a better decision.

“ We want to see INEC take a bold and correct decision in the MC Oluomo and APGA cases. In the case of MC Oluomo, INEC should disengage his road transport union from distribution of materials in Lagos State because of his obvious and open involvement in the presidential campaigns of Bola Ahmed Tinubu of the APC. In the case of APGA leadership tussle, INEC should immediately affirm the decision of the court on the matter and no longer refuse to seat Edozie Njoku who the Supreme Court seems to have recognized as Chairman of the party.” He said.