By Jane Echewodo

Clement Onwuenwunor is a Senior Advocate of Nigeria (SAN). In this interview he spoke on election petition tribunals across the country, need to review the Electoral Act and challenges of legal practice in the country.

Excerpts:

WHAT is your assessment of the on-going cases at the election petition tribunals across the country?

Clement Onwuenwunor

One of the greatest benefits of democracy is the ability to go to court to challenge an election when you feel that you have been robbed of your victory. And the Nigerian law even made provisions for it in the 1999 Constitution and specifically in the Electoral Act 2010, as you would see that election results were being challenged across the country.

This is an opportunity for the growth of our democracy to be able to have unrestricted access to come to court to complain that this person has compromised the result of the election. I am at present handling about five election matters and already I have had two decisions from the trial tribunal; one have been ruled in my favour before the Ondo State House of Assembly election petition tribunal, while the other one is in Lagos State which was actually ruled against us.

We are very dissatisfied with that, and we cannot accept the reason for striking out our application. We felt the petition was wrong in law and already issues are been put together to know the next line of action to take before the grace for appeal expires. We are working on that seriously and by the grace of God we shall have a report on that very soon.

Electionpetition

I have been privileged to be involved in senatorial election petition in Delta State and that also has gone on very well because the tribunal there is working very hard. The three other ones we have in Lagos have been progressing very well and we almost concluded the trial in one of the petitions. We are still at the interlocutory stage in two others, and we expect that before the end of next month we should conclude most, if not all, the petitions.

What steps are you taking in those election petitions that were ruled against your clients?

The law provides that if you are not satisfied with an election petition tribunal or any court, you are entitled constitutionally to proceed and appeal against such decision and under our law; once a decision is given in a tribunal and you are not satisfied you can appeal against it at the Court of Appeal. The one we won in Ondo State of cause, there is an appeal already pending before we take that decision. And the one that was ruled against us here in Lagos like I said before, we are putting everything together to know the next line of action to take before the expiration of our time to appeal.

What is your take on the Nigerian legal system?

Well, our legal system has developed substantially; apart from lapses here and there, I think the judiciary in control have been able to contribute immensely to the growth of democracy, even before the amendment of the 1999 constitution. The courts have done a lot to be able to open up the legal spaces by allowing every aggrieved person to approach and ventilate whatever grievance they have. The proceedings from our courts have been able to develop a lot of principals.

In which area do you think the nation’s legal system need reform?

Our electoral act needs to be reviewed and further amended. The Constitution also needs to be amended. The judiciary cannot go against the written laws of the land.

How do you feel, appearing in court against other notable SANs?

Well, I have the privilege of being trained by the best of lawyers in this country. For instance, late Chief Gani Fawehinmi (SAN) trained me and as far back as year 2002, I had already started appearing before the Supreme Court. I have been privileged to argue in matters against some prominent lawyers in the country.

I have done one against Chief Shofola of the blessed memory, and several other senior advocates in the country. My confident in legal practice is so robust that with my law report, I can stand against the very best in the country. I am still involved in several high profile matters; some at the Court of Appeal and some at the Supreme Court. So it is a normal thing for me and it gives me joy to appear in serious issues with very highly respected senior advocates.