Unife Law Class of ’84 Honours Members at 35th Year Reunion, for Various Appointments, Elevations
As part of its 2019 Annual General Meeting and 35th Year Post Graduation Reunion, the Association of the University of Ife Law Class of 1984 (now Obafemi Awolowo University) last Friday, celebrated and honoured some members of the Class, for having been appointed to various positions in the country, or elevated to the pick of the law profession.
The members who were celebrated and honoured with Excellent Awards for making the Class proud in their various fields of law practice, include Professor Bolaji Owasanoye, Chairman, Independent Corrupt Practices Commission (ICPC), Dean, Faculty of Law, University of Lagos, Professor Ayo Atsenuwa, Professor Wahab Egbewole, SAN, Hon. Justice Oluremilekun Adegoke, a retired President of the Court of Appeal in The Gambia, Mr. Ayodele Akintunde, SAN, and Hon. Justice Adedoja Ayoola of the Osun State High Court.
Others are Hon. Justice Abimbola Awogboro of the Federal High Court, Hon. Justice Maureen Onyetenu, Hon. Justice Agbelu Nasir Isola, Chief Michael Abayomi Bisade Aliu, SAN, Hon. Justice Olatokunbo Majekodunmi of the Ogun State High Court, and Hon. Justice Tonia Ubaka.
The 2019 AGM and Reunion, which took place at the Lagos Continental Hotel, had the keynote address delivered by a member of the set and Judge of the Delta State High Court, Hon. Justice Anthony Akpovi.
Justice Akpovi’s paper titled, ‘The Involvement of Courts in Pre-Election and Election Petitions in Nigeria: A Call for Reforms’, forensically examined the involvement and role of courts in pre-election matters and election petitions in Nigeria, the relevant laws guiding election petitions, the many knotty issues surrounding election petitions, as well as suggested a need for the reform of the laws governing pre-election and election matters.
The Judge said Nigeria’s electoral history is a chequered one, adding that, election rigging is a colonial legacy, which has only been sustained by the political class in Nigeria.
Akpovi went down memory lane by giving the instance of Sir James Robertson, believed to have been sent from Sudan as Nigeria’s new Governor-General, to oversee the rigging of Nigeria’s first election, “so that its compliant friends would win power, dominate the country, and serve British interest after independence”.
He noted that, election disputes are highly sensitive and controversial, so much so that the process of disposing of them makes it seem as if the court itself is also on trial.
According to Justice Akpovi, a major determinant whether a suit is pre-election matter, is the time of commencement of the said suit, which is very relevant but not conclusive.
He explained that, any action or suit filed before the election is held, remains a pre-election matter properly within the ambit of the State High Court, while any action or suit filed after the election is held is no longer a pre-election matter.
He listed the role of the courts in pre-election matters to include, resolving electoral disputes arising from or emanating from elections at the National Convention and congresses; to determine the qualification, nomination, substitution and sponsorship of candidates for an election; to determine whether the information given by a candidate in his or her affidavit or any document submitted by that candidate is false, and to determine whether any of the provisions of the Electoral Act or guidelines of a political party has not been complied with, in the selection or nomination of a candidate of a political party for election.
For the role of the court in election petitions, the Judge said the Election Petition Tribunal, is established for the purpose of hearing and determining petitions as to whether any person through an undue election or return, has been elected to an office or position and other related issues.
“The Election Tribunals are neither criminal nor civil courts, though essentially civil in nature, they are usually described as ‘sui
generis’, which means ‘in a class of it own’”, he explained.
Akpovi stated that, election petitions are an important part of the electoral processes, because they are the only viable recognised alternative, open to any person or party dissatisfied with the conduct of an election under the law. He therefore, stressed the need to resolve the various challenges encountered in the process, to enable credible outcomes.
While commending the efforts made in the past to improve the results of election petitions, and ensure that they are conducted in an expeditious manner by the enactments of the National Assembly through the amendment of the Constitution and the Electoral Act 2010, he said more still needs to be done to ensure smooth, fair and reliable electoral processes.
Akpovi therefore, recommended that the Electoral Act should be amended to contain a provision requiring speedy release of required documents and evidence to Petitioners, and adequate sanctions be provided for any failure to obey the law and orders of courts or tribunal, relating to the inspection or production of materials and evidence for the prosecution of election petitions.
He also recommended that, the burden of proof “beyond reasonable doubt” should be relaxed, adding that, the law should be modified to the extent that INEC will be compelled to tender every document and material they used in the election, and tell the court how they were used to ensure a substantially free election.
“The judicial attitude towards interpretation of the Electoral Act should be to do justice, and not to slaughter justice on the altar of speedy resolution and technicalities. The court should uphold substantial justice, over and above technicalities.
“There is a high need, to ensure the welfare of the Judges involved in Election Petitions. Adequate provisions for the wellbeing and security of the Judges during the Election Petition. In the alternative, some retired Judges can also be drafted into the Election Petition Tribunals, in view of the bulk work involved. This will go a long way in mitigating fatigue and fear, thereby ensuring the delivery of fair and judicious judgements within the stipulated time frame”, the Judge recommended.
Earlier in his welcome address, the President of the Association, Mr. Adedokun Makinde, SAN, said the focus of his led- executive, is to be brothers and sisters’ keeper, by looking out for each other, and to make up intervention in matters relating to their alma matter.
He thanked every member of the Association, particularly the sponsors of the 2019 Reunion celebration for their support.
“Just like yesterday, 35 years have rolled by and the boys and girls (some teenagers, some twentyish) have all aged gracefully, some are now retirees, senior citizens, grandmas and grandpas, and some, grandmas and grandpas to be. We cannot, but give thanks to Almighty God for sparing our lives to see this day.
“This Association as conceived and birthed by our brother and sister, Professor Bolaji Owansanoye and Professor Ayo Atsenuwa. We had the first reunion on 13th June, 2009 which was our 25th year graduation from Ife, the Association from that time has waxed stronger, from strength to strength, under the able leadership of the duo”, Makinde stated.
The night also witnessed an update on the state of affairs of the Law Faculty of the University, from the Dean of the Law Faculty, Professor A. Odunsi.