What is the way forward, in view of the short time at our disposal?We acknowledge the inalienable right of the aggrieved to go to court to seek redress. Many of our political parties cruelly subverted due process in congresses and primaries that led to the emergence of candidates for various positions, and the injured can only get reprieve through the courts. But the onus is on such people to determine whether the pursuit of personal justice will constitute a cog in the wheel of the entire process.
We must be willing to subordinate personal pursuits for the greater good. INEC is bound to obey all injunctions, as there is no provision in the Electoral Act for the body to disobey any lawful court order. The onus, therefore, is on politicians to identify and recognise what will stymie the entire process, as opposed to retrieving their rights and privileges. As things stand, the number of cases in court pose present danger to the elections. The entire exercise may be stopped dead in its tracks, or INEC may be so unsettled that it won’t be able to deliver as expected.
For 132 cases, INEC will need an armada of lawyers, who will have to earn their professional fees. Already, there is the perception that too much money, almost hitting the N100 billion mark, has been given to the organisation. Legal fees will surely further jerk up the figure. INEC may, therefore, need creative ways of handling matters. For instance, it does not have to be the one to contest all the cases, particularly if there are other interested parties who may do so.
The ruling last week by an Abuja High Court, which foreclosed the conduct of elections in five states where re-run elections had taken place, can be challenged by other parties, other than INEC. And the result will be the same, as the ruling will be binding on all. This saves INEC from the distraction of attending to legal processes, when it should be engrossed in organising potentially credible polls.
We recall that most elections in our recent history have faced one legal challenge or the other. In 1993, an injunction was secured by the infamous Association for Better Nigeria (ABN), stopping the presidential polls. The order was granted in the dead of night. Similar hiccups were also experienced with subsequent polls, though to lesser degrees. However, it has never been as bad as having 132 cases in court, few weeks to elections. The obligation is on our judges not only to treat the cases with despatch, but to be wary of granting frivolous injunctions. Such will unduly injure the electoral process, and set us back in our desire to prove a point to the rest of the world.
It is incumbent on the judiciary not only to treat all cases expeditiously, but to quickly throw out those that have no merit, and those that amount to abuse of the court process. Equally, the ones that are constitutional in nature might well be referred direct to the Supreme Court, which has the final say on the interpretation of our Constitution. The cases of the five governors and tenure interpretation is one of such that can be referred straight to the apex court.
These are highly challenging times for the judiciary, with allegations of subversion and perversion of justice coming from the topmost rank of the Bench. How judges tackle the plethora of cases before them in the weeks ahead, will either reinforce the perception that the judiciary is steeped in corruption, or rekindle confidence in the institution as the last hope of the common man. The judiciary must at this time assert its independence, and dispense justice without fear or favour.
The political parties must also learn a lesson from the messy situation already created. When there is no internal democracy, it creates further ripples that disturb and distort the entire process. Most, if not all the political parties went against their constitutions and the Electoral Act, in bringing up candidates for electoral positions. And that accounts for the unusually large number of cases before the courts. Our democracy will be done a world of good if parties learn to play the game according to the rules.
The 2011 polls must not be scuttled, neither must they follow the fashion of the preceding ones in 2003 and 2007. It will be too much of a let down, not only for Nigerians, but also the international community. We have less than four weeks to get things right. Politicians with cases in court must realise that it is by no means do or die, and eschew any form of desperation.
The judiciary should dispense justice fairly and speedily. INEC must gird its loins and deliver credible elections. The electorate should comport itself with decency and civility. Smaller neighbouring countries have got their democracies right, and are marching forward. Nigeria, the giant of Africa, must not continue to be a giant with feet of clay.
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