The viruses of election litigations (2)

Perhaps the most devastating confirmation of the contagious nature of the viruses of election litigations came from the President of the Court of Appeal herself, through the directive that she issued for all election-related appeals from the Northern States to be transferred to the Abuja Division whilst those from the Southern States should go to the Lagos Division.

From reports monitored in the media, the directive was issued following allegations and petitions against state tribunal judges alleged to have been compromised by the governors whose tentacles may also extend to appeals pending in their respective states.

In simple terms, there is palpable concern from the authorities of the Court of Appeal that election cases are likely to be compromised through corruption and corrupt practices, thus confirming the previous confession of Senator Bulkachuwa and the subsequent allegations of Senator Abbo on the subject matter viruses. Beyond the cold facts of the case and the industry of the lawyers therefore, it has become clear that there are other extraneous factors that determine the outcome of cases in court, especially those related to elections. We cannot throw up our hands in the air in despair but rather face the grim realities as they unfold.

If we cannot determine the true winner of elections through the ballot, if the decision of the court on the election has become the buyer’s game, then we are in for trouble and better prepare ourselves for the war to come. One day, the people will revolt and the judiciary itself will cave in.

A virus is an infectious agent that helps to spread negative things, be it diseases in humans or malicious actions affecting data in technology. The two major viruses spreading from election-related cases are Corruption and Delay. Upon the conduct of any general election, about 400 judges are selected across the nation, on national assignment as judges of election petition tribunals.

This assignment takes on average six months to conclude, during which time the regular businesses of the judges are disrupted, suspended or canceled outrightly. For other judges who are not on this assignment, they are to attend to pre-election matters which are given priority over and above all other cases.

This is just for the High Courts. In the appellate courts, election-related appeals dwarf all other appeals and render them comatose. In times past when we had uniform elections, it was possible to harmonize this regime and console ourselves that it comes once every four years. But we now have off-cycle elections and bye-elections as is the case with the upcoming elections in Kogi, Bayelsa and Imo States in November 2023. The effect of this is that judges now work round the year in order to determine election-related cases. As a solution, some have suggested pulling out retired judges who are less than seventy years to handle election petitions while some others propose a Special Court.

Whatever the case, it is clear that there is an urgent need to convene a national dialogue on this matter comprising judges, lawyers and legislators, for the purpose of discussing and agreeing upon a workable solution. The diagnosis for now is that there is danger ahead.

The virus of corruption simply kills the judicial system and pollutes our body polity. It makes nonsense of our elections for if it is possible to influence the outcome of election-related cases, why would anyone bother to invest in rigorous campaigns when he can easily save money to buy the case? In this frightening scenario, anyone and everyone who has some means of connecting judges can easily be declared the winner. And it doesn’t require that he/she should have enough money to go round. After all, with the largesse of security votes and limitless allowances surfacing in bank accounts that jump scrutiny, the ‘winner’ can go round to settle when he/she assumes office. This is why politics has become a viable investment in Nigeria such that some banks give out huge loans to fund political ambitions because the return on investment is very sure and huge.

At the 11th convocation ceremony of Afe Babalola University held last week, its founder, Aare Afe Babalola, lamented that politics has become the only lucrative and viable business in Nigeria. And this must be due to corruption and access to free funds. The clock is ticking so fast and something has to be done urgently to arrest the drift.

The political class cleverly amended the Constitution to ensure that political cases are given accelerated hearing, to the detriment of other cases pending in the courts. The Court of Appeal is overburdened whilst the Supreme Court is thoroughly overwhelmed, now that the apex court has been depleted in the number of justices due to retirement and death. In the Lagos Division of the Court of Appeal, there is a blanket embargo on other cases not connected with elections as there are no hearing dates for these cases and those earlier fixed for hearing have been vacated so as to give room for election-related appeals.

I call upon the National Judicial Council, the Nigerian Bar Association and the National Assembly to urgently come up with an authoritative platform that will address these issues in order to create a workable solution that will save the judiciary and by extension, Nigeria. We must contain the viruses.
Concluded

Adegboruwa is a Senior Advocate of Nigeria (SAN)