Appeal Court President Raises the Alarm over Cost of Electoral Litigations

•Says all elections must not end in court  

•1,209 petitions filed against 2023 polls 

•Wike charges judges to brace up for work ahead

Olawale Ajimotokan and Alex Enumah in Abuja

President of the Court of Appeal, Justice Monica Dongben-Mensem, has expressed worry over the negative effect of election cases, both on the judiciary and the country’s economy. Dongben-Mensem spoke yesterday in Abuja at a ceremony to mark the commencement of the 2023/2024 new legal year of the appellate court.

She disclosed that a total of 1,209 petitions were filed against the conduct of 2023 general election, and regretted that the time spent on hearing electoral disputes could have been used to settle other issues of economic and developmental value.

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

Minister of Federal Capital Territory (FCT), Nyesom Wike, on his part, charged justices of the appellate court to brace up for the work ahead in the light of many election appeals pending before the court.

Speaking at the commencement of the new legal year, Dongban-Mensem said, “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.”

To further buttress her point, Dongban-Mensem urged statisticians to calculate, tabulate and publish the economic cost of the election matters and the benefits the country lost in terms of time.

While observing that democracy was beautiful and was 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 entails letting go in the interest of discipline and internal harmony,” he stated.

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

Giving a breakdown of the election cases, Dongben-Mensem said 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 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.”

Dongben-Mensem pointed out that the court had 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, “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 judgements and 3,665 rulings on motions.

She stated that the Abuja Division of the appeal court was currently overwhelmed by the voluminous documents and suffered lack of adequate storage facilities and office space.

The appeal court president appealed to the FCT minister 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, Lateef Fagbemi (SAN), stated that he would do everything in his power to improve the welfare of judicial officers. Fagbemi added that the President Bola Tinubu administration would address the issue of shortage of justices at the Court of Appeal and the Supreme Court.

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

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

Speaking on behalf of the body at the appellate court’s new legal year, a former AGF and Minister of Justice, Chief Kanu Agabi (SAN), pleaded with judges and justices not to lose confidence 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 were still being unwarrantedly attacked and criticised. He warned that the country would be doomed unless the unjust attacks against judicial officers were stopped.

Agabi stated, “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 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.”

Similarly, Wike charged justices of the appellate court to brace up for the work ahead in the light of many election appeals pending before the court. He made the call yesterday at the ceremony to mark the commencement of the 2023/2024 legal year of the Court of Appeal.

The minister pointed that a lot of industry was required while hearing and determining the appeals, as the public had tremendous faith in the decisions of the court.

Wike stated, “My Lord Justices, there is no doubt that the previous legal year has been tasking and demanding due to the numerous pre-election matters, which gave birth to appeals from interlocutory decisions and final decisions of the Federal High Courts. This year might not be different in view of the numerous pending election appeals.

“I commend the President of the Court of Appeal for the nine Justices that were recently sworn in by My Lord, the Chief Justice of Nigeria. This will undoubtedly go a long way in reducing the workload on the justices of the court and enhancing justice delivery in the country.

“My Lords, another legal year has come and this year is particularly unique because of the election appeals, which I earlier alluded to.”