Haruna, who decried what he called executive lawlessness in the country, argued that “the judiciary has been the main engine for the revolution in our social and political culture through the various landmark judgments and rulings.†He also called for a uniform rules of procedure in the state high courts, among other reforms.
Describing the Interim National Government (ING) being demanded in some quarters as an aberration, and the call for the cancellation of the elections as self-serving and misconceived, the Edo born lawyer maintained that INEC did its best considering the circumstances.
Haruna advised the president-elect to “pursue an agenda for a true federalism and political restructuring of the country,†which he regards as the roadmap to sustainable democracy in Nigeria.
Assessment of the elections
A cursory assessment of the political landscape in Nigeria before, during and after the elections largely determined the outcome of the exercise. Before the elections, government displayed a great determination and willingness to organise credible polls. The opposition parties, on their part, occupied themselves with sensitizing the electorate that there would be no elections or that even if there would be, the exercise will be marred with violence, instead of giving the electorate needed political education at the time.
The campaigns of some of the parties were not issues – based. For instance, the Vice President and Action Congress (AC) standard bearer, Atiku Abubakar, was going around the country with his campaign team disparaging President Olusegun Obasanjo without offering new perspectives or well throughout alternative manifesto. Also, there were countless number of court cases pertaining to the elections. Under the circumstances, the only option for government was to ensure the presence of security agents at the polling booths to maintain peace during and after the elections. In my view, the heated political atmosphere, coupled with the presence of heavily armed sincerity personnel accounted for the low turn out of eligible voters.
Nigerians who came out to vote, in spite of the tensed atmosphere, should be commended.
With the above analysis, even the pessimist will agree that the elections were successful. The widespread of procedural irregularities and numerous incidents of violence caused by the politicians notwithstanding. I commend Prof Maurice Iwu and INEC for holding the elections despite challenges and problems that they had to contend with.
Any aggrieved candidate should head to the election tribunal to seek redress.
To validly determine whether the April elections met international standard or not, we must look at certain variables, such as the charged atmosphere before the elections, sensitive cases in court bordering on the qualification or otherwise of some candidates and the unwieldy number of political parties involved even without structures on ground. In fact, at a time they called for the postponement of the entire exercise. Considering all these, no country could have done better.
ING is an aberration
Calls for cancellation of duly conducted elections have no foundation under the electoral laws or any other law in the country. Indeed, the call for the annulment of the April elections in some quarters is baseless and should be treated as such. Again, the call for interim government by candidates who lost in the elections is, to say the least, very novel.
Even some politicians within the ruling party who have lost out in the political game and are seeking relevance are also making such postulation. The call is not in the interest of the country. It is unpatriotic, self-serving, malicious and misconceived. Those calling on the National Assembly (NA) to pass a resolution to condemn the elections may have forgotten that some members of the NA lost either during the primaries or election proper.
If one may ask, will those elected for another tenure in the NA be a party to a resolution to torpedo their victory at the polls? When they call for such resolution, there will be two motions before the NA. The two motions will be handled by a body made up of a good number of serving members who lost at the polls. Therefore, they cannot, on the principle of Nemo judex incasasua. That is, sitting as judges in their own cause. To do this will be contrary to the provisions of the constitution they swore to uphold.
Expectation from election tribunals
The judiciary, more that ever, is fully aware that people’s expectation to see justice manifestly discharged is very high. In fact, the judiciary is also aware that people’s confidence in it has increased tremendously in recent time.
Hence, the Hon. Chief Justice of the federation, Idris Legbo Kutigi, read the riot act to the judges who would be in the election tribunals during the swearing-in ceremony. The sum of what he said was that the judges should not allow themselves to be used or rubbished by the politicians. The consequence of compromise, on part of any judicial officer, includes being shown the exit door. I do not also expect cases to be delayed as it happened before.
The recent amendment in the Electoral Act, coupled with the procedural rule, that requires the election tribunals to have petitions frontloaded is a sound development. This procedure would offer the tribunals the opportunity of knowing the dispute in the case and issues for determination before the trial. Of course, this will facilitate speedy trials and determination of election petitions.
Executive lawlessness
In all societies, the willingness of the citizens to obey and respect law is a reflection of the respect the government has for its laws. Justice insists that all men are equal before the law and nobody should flout the law with impunity. But government officials in mainly developing societies act as if they are above the law. In Obasanjo’s Nigeria, highly placed government officials have shown contempt for the rule of law and disobedience to valid court orders. Under these circumstances of executive lawlessness or recklessness, the entire nation bears the brunt.
For instance, the refusal of President Obasanjo to obey the ruling of the Supreme Court with regard to releasing the Lagos council funds withheld by the Federal Government is pure executive lawlessness, which caused the common people serious pain. It is also executive lawlessness for police to detain the relative of a suspect simply because they cannot find the suspect. It is essential that democratic values are inculcated into the Nigerian society to ensure sustainable democracy. Without proper respect accorded the judiciary by the executive, the rule of law will continue to suffer and there will be no meaningful development.
Judiciary as engine for democratic growth
The question of how the judiciary has fared in recent times brings to memory Hon. Justice Kayode Eso’s posers during the All Nigerian Judges Conference held in Ilorin, Kwara State in 1982. In his paper, entitled, The problems of Interpretation and Application of the provisions of the constitution. ‘It is time for the judiciary to make up its mind which way to go. Whether the judiciary to be activist or not to be,†he said
In retrospect, the judiciary has been the main engine for the revolution in our social and political culture through the various landmark judgments and rulings. Its most recent pronouncement, particularly, in the area of interpretation of the provisions of the constitution relating to impeachment has greatly checked legislative rascality.
We have a judiciary that is now more than ever determined and courageous to give hope to both the common man and the affluent; a judiciary that is robust and aBosom with happenings in the society. We have seen the Supreme Court delivering landmark judgments on the spot after hearing appeals. For the judiciary to perform better, I advocate a uniform Rules of Procedure for the high courts in the 36 states of the federation. The Lagos State High Court Civil Procedure Rules of 2004 is highly recommended for adoption by other states with modification where appropriate. Also, for the judiciary to be truly independent in a democracy, the existing provisions of the constitution relating to its funding should be amended provide for adequate funding.
Advice for president-elect
The president-elect, Gov Umar Musa Yar’adua has already made declaration that he would be magnanimous in victory. This gesture is commendable. He also said that he would adopt a holistic approach to problem solving. My advise to him is to pursue an agenda for a true federalism and political restructuring of the country which, to me, is the panacea for sustainable democracy in Nigeria. Certain variables must no longer be held constant.
For example, governments in the past maintained that the unity of Nigeria cannot be compromised, but the fact is that Nigeria is on a precipice. It must, therefore, take steps backward and decide on how to move forward. Even the greatest optimists agree that when you are standing on the precipice you don’t move forward. You first move backward and decide on what to do.v
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