A’Court President Raises Alarm over Cost of Electoral Litigations

* Says 1,209 petitions filed against 2023 polls

Alex Enumah in Abuja

The President of the Court of Appeal, Justice Monica Dongben-Mensem, has expressed worries over the negative impact of election cases both on the judiciary and the nation’s economy.

Dongban-Mensem, who disclosed that a total of 1,209 petitions were filed against the conduct of 2023 general election, regretted that the time spent on hearing electoral dispute would have been used to settle other issues of economic and developmental values.

The appellate court president appealed to politicians to cultivate the spirit of good sportsmanship, stressing that all elections need not end in the courts.

She spoke at the commencement of the 2023/2024 new legal year of the appellate court, which held in Abuja Monday.

“The cost and negative effect of electoral litigation is becoming worrisome. It is becoming economically alarming that the entire Nigerian judicial system is inundated with electoral litigation and adjudication almost all year round. 

“It is a matter of concern that a large number of judges of the trial court have been engaged for six months in the exclusive management of electoral cases. 

“The implication is that commercial matters are tied down in our courts. Industrial disputes and land matters which when determined in good time could create jobs and release cash flow into the economy are tied down in court registries,” the president lamented. 

To buttress her case, Dongban-Mensem urged statisticians to calculate, tabulate and publish the economic cost of these details and the benefits the country loses in terms of time. 

While observing that democracy is beautiful and the way to go, she said politicians in the interest of national economic development should imbibe the spirit of good sportsmanship. 

“They should pay more attention to internal democracy and exercise the spirit of loyalty to a cause which necessarily entail letting go in the interest of discipline and internal harmony. 

“All elections need not end up in court,” she added.

Given a breakdown of the election cases, she said that a total of 98 panels were constituted across the various tribunals “to handle the 1,209 petitions filed”.

“Among these petitions, five were directed at the Presidential Election Petition Court, 147 were for the senatorial election, 417 for the House of Representatives, 557 associated with the state Houses of Assembly, 83 focusing on the gubernatorial elections. Twenty-eight states participated in the governorship elections, and petitions were filed in 24 states. Notably, four states (Kwara, Niger, Yobe and Katsina) had no governorship election petitions filed,” she stated.

Similarly, she pointed out that the court has already received a number of pre-election appeals related to the conduct of political party primaries in the November governorship election in three states, adding that: “We are working assiduously to ensure that they are promptly disposed of.”

The three states where the off cycle governorship elections would be holding are Bayelsa, Imo and Kogi.

Dongban-Mensem also disclosed that the appellate court in the last legal year delivered a total of 7,295 judgments and 3,665.

She stated that the Abuja Division of the court is currently overwhelmed by the voluminous documents and suffers from lack of adequate storage facilities and office space. 

The Appeal Court president therefore appealed to the Minister of the Federal Capital Territory ( FCT) to provide a large piece of land for the construction of the Abuja Division.

In his remarks, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), assured her that he would do everything possible to improve upon the welfare of judicial officers, adding that the President Bola Tinubu’s administration will address the issue of shortage of justices at the Court of Appeal and the Supreme Court.

He assured her that his administration will leave no stone unturned in ensuring smooth justice delivery in the interest of all Nigerians.

Meanwhile, the Body of Senior Advocate of Nigeria (BoSAN) has argued that Nigeria’s continued survival greatly depends on the transparency of judicial officers in the discharge of their judicial functions.

Speaking on behalf of the body at the appellate court new legal year, a former AGF and Minister of Justice, Chief Kanu Agabi (SAN), therefore pleaded with judges and justices not to lose confidence and principles in themselves no matter the challenges.

Agabi noted that in spite of the contributions and sacrifices of judicial officers to the survival of the country, they are still been unwarrantedly attacked and criticized.

He warned that the country would be doomed unless the unjust attacks against judicial officers are stopped.

“It is only here that judicial officers work harder than slaves and yet, they are not appreciated. But the consolation is that the judges in Nigeria are a match to the devil they are contending with.

“Whether we like it or not, we have to be proud of our justices. They are brilliant and bold and some of them appointed as justices in other countries.

“A mistake by one justice should be not be generalised to warrant general condemnation from any quarter. They surpass judges from other countries. They deserve commendation for resisting the evils.

“Majority of judicial officers are standing in the face of challenges and unless we are careful with the way we attack judges, we will lose our minds and conscience,” he said.