The nation’s judiciary like every other sector under President Muhammadu Buhari had its share of challenges and triumphs in 2020. One of such triumphs, for instance, was the swearing-in of 85 Judges to preside over election tribunals in various states including Edo/Ondo States where elections held lately. Stakeholders including the Chief Justice of Nigeria took advantage of the appointment to underscore the sacred role of judicial officers in democratic election and why they must not compromise. KEHINDE OSASONA writes that the advice is also relevant for all judicial officers in 2021 and beyond.
On September 10, 2020, the Chief Justice of Nigeria (CJN), Justice Muhammad Tanko swore in 85 judges to adjudicate on petitions that would arise from the gubernatorial elections scheduled to hold in both Edo and Ondo states during that year.
That was after the Appeal Court President, Justice Monica Dongban-Mensem, exercised her powers under section 1(3) of the Sixth Schedule of the 1999 Constitution (as amended), to appoint the election tribunal Judges.
Specifically, the Edo state governorship election held on September 19 while the Ondo state governorship election held October 10.
Election tribunals are established pursuant to Section 285 of the Constitution, as amended, and Section 133 of the Electoral Act 2011, as amended.
While Section 133 (3) of the Electoral Act mandates that election petition tribunals shall be constituted not later than 14 days before an election is held, Section 258 (6) of the Constitution, however mandates that the tribunal, must deliver its judgment in writing, within 180 days from the date a petition is filed.
The riot Act
“I will not condone any act of recklessness, abuse of power and public trust. This is a rare opportunity and you must give a good account of yourselves,” was how the Chief Justice of Nigeria, Tanko Muhammad put it in September 2020 at the swearing-in and oath taking ceremony held in honour of 85 newly-sworn in judges.
Amidst Covid-19 scare, there was apprehension in the judiciary as to when judges billed to preside over post-election matters would be constituted in readiness for tasks ahead.
But, the pronouncement by the CJN at the Supreme Court premises in Abuja, eventually put paid to that.
The judges numbering eighty-five (85) who are already presiding over election tribunals were constituted for the next round of elections in the country.
They would hear petitions arising from Governorship elections in Edo and Ondo states, as well as National and State Assemblies bye-elections across the country.
This medium recalls that the Edo governorship election was held on September 19, while that of Ondo state was held on October
At the ceremony, CJN Muhammad tasked the judges not to be swayed by sentiments and cheap blackmail in the course of discharging their duties, asking them to be firm and upright in their adjudication.
According to the CJN, the judges are expected to conduct their affairs within the ambit of the law and the oath that has just been administered on them, noting that anything short of that would place them on the wrong side of history and God would ask them the questions that they may not be confident enough to answer.
He said, “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 all and do what will earn you accolades in the court of public opinions.
“There is no mountain too high to scale, and there is no goal too difficult to achieve as far as you have firmly resolved to attain higher heights in life,”
Admonishing them further, Muhammad said, “You should count yourselves worthy to be so entrusted with this humongous responsibility of deciding the fate of those who would be contesting the highest political offices in Edo and Ondo States, respectively, and some other political offices in other states by virtue of the forthcoming elections,” he said.
“All eyes are on you and always remember that your conduct will be publicly dissected and thoroughly scrutinized. Do what is right in our law books and you will have your names etched in gold,” Muhammad said.
“Do what is at variance with your conscience and you will get a scar that will terminally dent your ascension to higher height in life,” he added.
The CJN thereafter reminded the judges that trust is a burden which they must discharge with utmost sincerity, honesty and transparency, “because conscience is an open wound healed only by truth”.
He then urged members of the election petition tribunal to rise and operate above every sentiment that might play out in the course of their adjudication in the tribunal.
A’ Court President, others counsel
Also at a one-day training organized for the 85 judges a day after, the President of the Appeal Court, Justice Monica Dongban-Mensem had while declaring it open charged the 85 newly sworn-in judges of election petition tribunals to decide cases based on the law and not what ought to be.
Mensem reminded them that as arbiters, their duty is to look at matters dispassionately and decide the cases according to the law.
The president of the Appeal Court further urged the judges not to be discouraged by the lack of adequate appreciation for the work they do, urging them to continue to put in their best in service to the nation.
“The human nature will always challenge decisions until they are affirmed by a higher authority but you must do your best because that is why the tribunals are created,” she added.
The appellate court president implored the judges to always remember the oath they took, saying it would guide them in the discharge of their duties.
Lending credence too, a judge of the Supreme Court, Justice John Inyang-Okoro, charged the judges to take the assignment seriously, noting that elections were serious business in Nigeria.
He harped further that politicians and their followers were very passionate about their elections and that was why the tribunals were set up to settle petitions that would emanate from the elections.
He said, “The election petition tribunals are here to ensure that politicians and their supporters do not take laws into their hands.
“They have hope in the tribunals because they believe in the tribunals and that is why they do not resort to self-help after elections.”
He also urged the judges to remain independent and read law reports to keep abreast of Court of Appeal and Supreme Court decisions on related issues and not allow politicians to influence their decisions.
According to the judge, adjudication is something that only God can do because only God sees the heart of men so it is important to allow the grace of God to help you settle these disputes.
Speaking in the same vein, the President of the National Industrial Court, Justice Benedict Kanyip advised the tribunal judges not to ask for and not to collect anything from petitioners or their counsel.
He counselled on the need for judges to keep their integrity intact, saying they would see the good, the bad and the ugly side of hearing election petition tribunals.
Matters arising
Recall that election petition tribunals are established to handle disputes that may arise because of the elections.
As rules are applicable to it, its procedure is also unique, making the petitions to be described as sui generis (Different from other civil proceedings)
They are established by the Constitution and because of its uniqueness, the election Petition Tribunal has a limited period within which to hear and determine cases before it.
Section 285 (i) of the 1999 Constitution as amended reads: “There shall be established for each state of the Federation and the Federal Capital Territory, one or more Election Tribunals to be known as the National and State Houses of Assembly Election Tribunal which shall, to the exclusion of any Court or Tribunal, have original jurisdiction to hear and determine election petitions”.
Section 133 (i) reads as follows: “No election and return at an election under this Act shall be questioned in any manner other than by a petition complaining of undue election or undue return (in this Act referred to as an “Election Petition”) presented to the competent tribunal or court in accordance with provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party”.
Aggrieved parties in the elections have since approached the tribunals set up by the Court of Appeal President in both states.
It is hoped that the judges appointed to serve on the tribunals will not only be guided by the advice given them by the stakeholders but that all judicial officers in the country will use the counsel as their daily compass.
