Frivolous Matters: A Case for Heavy Sanctions

IOutrageous Expenditure

have not yet read the 2023 Supplementary budget, but the first few figures I have seen being peddled about concerning expenditure on things like State House vehicles and renovations, are simply outrageous. How can the Executive and Legislature be looking after themselves so wonderfully, while the Judiciary and the rest of Nigerians are left to their harsh fate? US President, Joe Biden is using the same armoured Cadillac Limousine aka the ‘Beast’ (American made), which Donald Trump used from 2018. The armoured Range Rover (British made) purchased in Boris Johnson’s time in 2019, was also used by Liz Truss during her 45 days as British PM, and is still being used by Rishi Sunak. Here in Nigeria, Government makes the excuse that luxury cars like the Land Cruiser that the Senators use are sturdy and durable, yet they replace them every four years! If two American Presidents can use the same vehicle over a period of five years and still counting, what is the excuse of a country that finances its budget and does almost everything by borrowing, for living so extravagantly? It’s not just the optics that are bad, the needless, insensitive and imprudent expenditure is worse. These humongous amounts could have been put to better use for the security and welfare of Nigerians, to pursue laudable goals like education, health and other social objectives contained in Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023)(the Constitution). It will indeed, be extremely disappointing, if it’s going to be business as usual with reckless and unjustifiable expenditure under the Tinubu administration. Nigeria simply cannot continue to borrow, for needless consumption. It makes no economic sense. Which sensible country buys state-of-the-art vehicles for their Government Officials every time a new administration resumes? Certainly, not the countries where we borrow money from! It is a bad policy; a beg, stop am! The other day, I saw a video of little school children being taught standing, in an uncompleted, roofless classroom with no desks and chairs. Isn’t it sad that the $150 million recovered Abacha loot should be spent on a fruitless venture like luxury vehicles for Government Officials, instead of equipping schools for the children who are our future?

Demesuoyefa Kolomo v Timipre Sylva

Now, to the business of the day! Though the more Section 29(5) of the Electoral Act 2022 (EA) is tested in various electoral cases during this 2023 election season, it seems to fail, the other side of the argument is that, without it, the courts would be even more overwhelmed and overburdened with frivolous cases about constitutional qualifications and disqualifications of candidates. A recent example of a frivolous case about constitutional qualifications, is the recent one involving former Governor of Bayelsa State and now APC Bayelsa Gubernatorial candidate, Timipre Sylva.

The failure of the aforementioned Section 29(5) is as a result of the fact that when there are meritorious cases which have not been instituted the way this law provides, which is: 1) only after the Party Primaries, 2) by a Co-Aspirant who participated in the same Party Primaries, 3) instituting an action at the Federal High Court that information supplied by a co-Aspirant either in an affidavit or a document provided in relation to constitutional requirements is false; or the Candidate is not constitutionally qualified for some reason (also see Section 285(9) of the Constitution).

When such matters are not so instituted, even if the case has merit, the court rules that it has no jurisdiction to hear such a matter and dismisses it. And, truly, even though this is the present position of the law, it sometimes sounds like a cop out or excuse on the part of the court to let the Respondent get off the allegations levelled against him or her. On the issue of how matters of constitutional qualifications should be instituted, see the cases of Akinlade & Anor v INEC & Ors (2019) LPELR-55090 (SC) per Ejembi Eko, JSC; Atiku Abubakar v INEC 2020 12 N.W.L.R. Part 1737 Page 37; Atiku Abubakar & Anor v Bola Ahmed Tinubu & Ors SC/CV/935/2023 judgement delivered on 27/10/2023.

Jurisdiction

Again, it is therefore, true, that the jurisdiction of a court is ousted, when such cases are not