Nigerians React As Concerns Arise Over Incongruous Verdicts In Nigerian Electoral Cases....KINDLY READ THE FULL STORY HERE▶

A significant challenge to the credibility of democracy in Nigeria is the erosion of trust among voters. When the democratic process is marred by flaws and the electorate loses faith in the mechanisms through which elected officials emerge, it undermines democracy and leads to a loss of confidence in the electoral system. Electoral violence has unfortunately become a recurring issue in Nigerian democracy, with election disputes frequently escalating into legal battles.

The Role of the Judiciary

The judiciary is often viewed as the protector of justice, but there are concerns that some individuals within the judiciary have compromised their integrity for financial gains. A recent controversial decision by the Supreme Court to validate Senator Bola Ahmed Tinubu as Nigeria’s duly elected president has triggered widespread discord. The Supreme Court rejected petitions by the presidential candidates of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, and the Labour Party (LP), Mr. Peter Obi, stating that questioning the legitimacy of the president or vice president’s candidacy was a pre-election matter falling outside the jurisdiction of election courts.

While some election courts have resisted external pressures and maintained their impartiality, it is well-known that certain judges have been subjected to undue influence to sway their verdicts in favor of well-connected individuals. Recent reports, such as those from Natasha Akpoti-Uduaghan, have revealed attempts to subvert the democratic process.

Inconsistent Verdicts in Plateau

Despite the clarity of the Electoral Act 2022 that pre-election matters are outside the purview of election tribunals, some tribunal members and Court of Appeal justices have failed to acknowledge this settled fact. Several verdicts in cases handled by the Plateau State Election Court of Appeal Panel have strayed from legal precedent.

The basis for these judgments has been tied to complaints by All Progressives Congress (APC) candidates regarding the rationality of the emergence of People’s Democratic Party (PDP) candidates. For example, the Appeal Court justices nullified the election of Hon. Isaac Kwalu in the Shendam/Quaapan/Mikang Federal Constituency, ordering a rerun and a new Certificate of Return for the APC candidate, John Dafa’an. They also annulled the victory of Hon. Musa Agah of the PDP in the Bassa/Jos North Federal Constituency, directing a rerun based on non-compliance with a Plateau High Court order for a repeat congress in 2022.

The national leadership of the PDP has raised questions about these unusual verdicts that lack legal precedent. The party has criticized the use of pre-election matters to invalidate the electoral victories of PDP candidates in Plateau, emphasizing the inconsistent outcomes for election appeals with similar facts, laws, and circumstances. This bias in favor of the APC has raised concerns about the integrity of these judgments.

Safeguarding Elections from the Courts

In response, the PDP has submitted a petition to the National Judicial Council (NJC) regarding what it sees as unlawful verdicts by the Appeal Court on Plateau’s electoral cases. The party has also called for the removal of the current panel and the appointment of new justices to review these verdicts and other pending cases. The new panel, upon appointment, should be instructed to avoid involvement in pre-election matters, as per relevant laws.

To restore public confidence in the judiciary, it is imperative that the President of the Court of Appeal, Justice Monica Dongba-Mensem, dissolves the Plateau State Election Appeal Panel and appoints a new team. As established by the Supreme Court and in compliance with Nigerian electoral laws, the newly appointed panel should refrain from using pre-election matters as grounds to annul elections. Allowing election courts to intervene in pre-election matters would constitute a blatant violation of the Nigerian Electoral Act 2022 and a deliberate attempt to undermine the nation’s political system.