Editorial

April 13, 2023

All eyes on the Judiciary

Justice ministry

AFTER the most rancorous election since 1999, the Judiciary is already grappling with the humongous challenge of adjudicating election petitions dumped on its table by aggrieved political parties and their candidates.

In Nigeria as in most democracies, the three arms of government play respective roles in packaging and administering elections which produce leadership at all levels in conformity with the Constitution of the Federal Republic of Nigeria (As Amended). 

The Legislature enacts and amends the Electoral Act while the Executive provides funds and security for the Independent National Electoral Commission, INEC, and other state agencies that help in conducting elections.

In line with Section 285 of the Constitution, Part VIII of the Electoral Act (As Amended) and other legal provisions, the Judiciary constitutes Election Petition Tribunals to look into grievances that usually arise from elections. 

The primary purpose of the Tribunals is to give justice to whom it is due and thereby strengthen the faith of the people in our democracy. 

This is a serious undertaking, bearing in mind that our Constitution dictates that elections are the only way of acquiring the power to govern the people.

The Judiciary is the last hope of the common person. If the two other arms of government get it wrong, the Judiciary is the final arbiter. With regard to the 2023 general elections, all eyes are on it to give justice to those who deserve it. Where there is justice there is peace.

The elections are officially over. A President-elect, Governors-elect, National Assembly Members-elect and State Houses of Assembly Members-elect have been declared by INEC. 

We believe, however, that the 2023 elections can only be considered truly concluded when all election petitions have been duly discharged at the Tribunals.

As of April 2, 2023, no fewer than 324 petitions had been filed at various levels. These include the petitions filed against the President-elect, Bola Tinubu, by former Vice Atiku Abubakar, the candidate of the Peoples Democratic Party, PDP; former Governor of Anambra State, Peter Obi of the Labour Party, LP, and others.

The 2023 general elections should have been possibly the most credible since 1999 if INEC had abided by its own guidelines. 

But unfortunately, INEC gave room to politicians seeking to “win” by all means. Former President Olusegun Obasanjo was right when he lamented that the 2023 elections left Nigerians more divided than ever.

The ball is now in the court of the Judiciary. The next regime needs all the goodwill and support it can get from the citizenry to tackle the heavy lifting ahead. This will only be possible if the judiciary gives justice to those who deserve it.

The Judiciary can restore our faith in our democracy.