How judiciary gears up for general election in 2019

As the country prepares for the 2019 general election, the judiciary is also getting set for the disputes expected from the outcome of the elections.

For this purpose, the judiciary and the Independent National Electoral Commission (INEC) have interfaced on several occasions in a bid to iron out areas of difficulties for the election.

Chief Justice of Nigeria, Justice Walter Onnoghen at a recent training for judges of the Court of Appeal warned against giving decisions bordering on election petitions that conflicts with legal precedents.

Justice Onnoghen said the judges must stick to the principle of stare decisis, which is based on decided matters of the law on similar issues.

The CJN quoted the assertion of a Supreme Court judge, Justice Amina Augie, that there is ‘a definite need for the re-orientation of attitudes of Judges with regard to their obligation to stare decisis, thereby creating a legal environment built on certainty of the law.’

“On judicial precedents as it relates to election and pre-election matters, I want to remind us that the Supreme Court has decided in a number of cases that the principles of Judicial review such as Mandamus, Certiorari, Prohibition etc do not apply because election and election related matters, such as pre-election causes are suis generis,” he said.

The CJN also met with the chairman of the Independent National Electoral Commission (INEC), Prof Mahmoud Yakubu, where he assured him that the appellate system of the judiciary will always serve to correct anomalies created by lower courts in election petitions.

He said conflicting court orders were bound to arise as a result of multiple court cases filed by politicians.at different courts, which according to him were bound to have different facts and interpretations by judges.

In the amended Electoral Act, 2010, appeals arising from governorship and presidential elections terminate at the Supreme Court while the National Assembly and State Houses of Assembly appeals end at the Court of Appeal except where they are preelection matters. While Section 134 (2) and (3) of the Electoral Act 2010 provides for time limit for election petitions for within 180 days, similar provisions are contained in Section 285(6) and (7) of the 1999 Constitution (as amended).

The provision reads thus: “An election tribunal shall deliver its judgement in writing within 180 days from the date of the filing of the petition.” And subsection (7) of Section 285 of the Constitution provides that: “An appeal from a decision of the election tribunal or court shall be heard and disposed off within 60 days from the date of the delivery of judgment.”

Perhaps in agreement with the CJN on the crucial role of the Court of Appeal in national elections, the court’s President, Justice Zainab Bulkachuwa also met with the INEC chairman where she gave a breakdown of election cases handled by the court after the 2015 general elections.

According to her, a total of 730 election petitions were brought to the Court of Appeal. Of this 39 governorship elections petitions got to the Court of Appeal in 2015, 79 Senatorial petitions, 179 House of Representative and 380 State Houses of Assembly petitions. In addition, 32 election petitions were filed in 2016 which included Bayelsa and Edo States and other re-runs, and 21 petitions were filed in 2017, including Anambra State governorship and other reruns.

She said a total of 110 tribunals were set up with 255 judges for hearing and determining the various election petitions.

She said a total number of 749 appeals emanated from decisions of the various Election Petitions Tribunals in 2015, while Abuja division had an additional 75 appeals in the year 2016/2017.

Justice Bulkachuwa said in April 2015 the court organised training for judges and staff in collaboration with the United Nations Development Programme (UNDP).

She said the court also has a Review of Election Petition Manual which contains the provisions of the Electoral Act, 2011, the Practice Directions, Synopsis of Judicial Decisions on Constitutional Provisions relating to Electoral Issues and Specific Pronouncements and Electoral Case Digest on Electoral Judgements Volumes I and II published by the Nigerian Institute of Advanced Legal Studies (NIALS).

Speaking during the meeting, Prof. Yakubu solicited for cooperation of the Court of Appeal. He said the commission would continue to improve on the conduct of elections nationwide.