Last month, Nigeria celebrated 18 years of uninterrupted
democratic rule. Both the executive and legislative arms spoke
glowingly of their contributions to the country’s democratic
consolidation. However, not much was heard about the contributions
of the third arm, the judiciary. In the recent past, particularly
under this All Progressives Congress government, there have been
unrelenting efforts in demonising the members of the Bench and Bar
in Nigeria. Judges and lawyers are castigated as being the cogs in
the wheel of anti-corruption.
There are indeed corrupt judges and lawyers just as there are
corrupt persons in all walks of life. However, the ignominious
actions of a few should not be used as a yardstick to judge an
entire institution. I dare say that, but for the courage and
activism displayed by the judiciary, there would have been anarchy
in this country and the military might have had a good reason to
stage a coup to topple extant civilian administration. The
judiciary is contributing immensely to sanitizing the country’s
electoral process. It is the arm of government that has been able
to largely rein in the excesses of the political class.
Slowly and steadily, Nigeria’s judiciary is restoring internal
party democracy into our political system and I do hope our
politicians, particularly the party executives, are taking note.
When Dr. Chris Ngige was illegally declared the Governor of Anambra
State in April 2003, it was the court that restored the people’s
mandate freely given to Peter Obi. When Obi was wrongfully
impeached by the Anambra State House of Assembly, it was the same
judiciary that reinstated him to office. When the Independent
National Electoral Commission conducted governorship election in
the state in April 2007 which saw to the emergence of Andy Ubah as
the new governor, it was to the court that Obi ran to. The court
later sacked Ubah when it said the tenure of Obi started to count
from the time he was sworn in and that he was not serving out the
remainder of the term of Ngige.
When Chibuike Amaechi of Rivers State contested and won the
nomination of his then party, the Peoples Democratic Party in
December 2006 only to be unlawfully replaced by Sir Celestine
Omehia without cogent and verifiable reasons, it was to the court
he ran to for succour. The Supreme Court, in a landmark judgment
regarded as ‘locus classicus’ in law on October 25, 2007, declared
Amaechi the rightfully elected candidate of the PDP even though he
did not campaign nor have his name on the ballot. He was asked to
be sworn in immediately by the apex court. The Supreme Court in
taking this unprecedented position took judicial notice of its
earlier judgment restoring Senator Ifeanyi Ararume who was
similarly denied the governorship ticket of the PDP in Imo State
only to be expelled by the party in order to render the court
judgment a nullity.
It is important to also refresh the minds of readers that former
Governors Olusegun Mimiko of Ondo State; Kayode Fayemi of Ekiti
State; Adams Oshiomhole of Edo State and incumbent Governor Rauf
Aregbesola of Osun State might never have been governors if not for
the judiciary that assisted to retrieve their stolen mandates.
Indeed, but for the judiciary which came to the rescue of former
Vice President Atiku Abubakar, he would not have served out his
tenure neither would he have contested the 2007 presidential
election under the Action Congress. It was another ‘locus
classicus’ when the Supreme Court ruled that joint candidacy of
contestants and their running mates ends at the polls and does not
extend to government. Hence, in 2007, we witnessed a divided
Presidency with President Olusegun Obasanjo being in the PDP and
his deputy being in the AC.
It took judicial intervention to retrieve the stolen mandate of
senators Ben Obi and Joy Emordi of Anambra State, Jenkins Gwede of
Delta State, Senator Bassey Etim of Akwa Ibom State, Ben Nwankwo of
Anambra State, and much recently, Senator-elect Shuaibu Isa Lau of
Taraba State and House of Representatives member-elect, Mrs.
Dorathy Mato of Benue State. Just last Friday, June 23, 2017, the
Supreme Court sacked Senator Sani Abubakar Danladi (PDP, Taraba
North) and the lawmaker representing Vandeikya/Konshisha Federal
Constituency of Benue State in the House of Representatives, Herman
Hembe (APC). Not only were they unceremoniously removed for being
usurpers, the apex court also mandated both of them to, within 90
days, return all the salaries and allowances they had collected in
the last two years since they were illegally occupying their
offices. These judgments have now paved way for Alhaji Lau and
MrsMato to be sworn in by the respective leadership of National
Assembly to replace Danladi and Hembe.
It is noteworthy that since 2014, the Supreme Court in order to
deter our political parties from wrongfully nominating or
substituting their candidates has been asking all the usurpers to
refund all the emoluments they had collected illegally while
holding their exalted offices. It first happened in Delta State in
a State House of Assembly tussle involving Mr. Edoja Akpodiete and
Mr. Jenkins Gwede both of the Democratic Peoples Party. In its lead
judgment delivered by Justice Walter Onnoghen, the Supreme Court
ordered that the latter should take over the seat from Akpodiete as
the bonafide representative of Ugelli North Constituency II. The
apex court also ordered him to refund to the state coffers all the
salaries and allowances he had collected since he had been
occupying the seat in 2011.
In a case involving two Basseys, the Supreme Court on February
27, 2017 sacked Senator Bassey Akpan (PDP, Akwa Ibom North) and
asked INEC to issue a Certificate of Return to Mr. Bassey Etim.
Akpan was to refund all monies he had collected since June 9, 2015
when he was illegally inaugurated as a member of the Senate. On
April 7 this year, the Supreme Court similarly booted out
Sopuluchukwu Ezeonwuka of the PDP as the representative of Orumba
North/South of Anambra Federal Constituency in the House of
Representatives. The court replaced him with Chief Ben Nwankwo
while asking Ezeonwuka to refund all salaries and allowances he had
collected to the coffers of the National Assembly.
When some governors were trying to elongate their tenure through
the backdoor by misinterpreting Section 180 (2) of 1999 Nigerian
Constitution as amended in 2010 to say that their tenure started to
count from the day they were sworn in after winning a re-run
election, it was the Supreme Court who in a landmark judgment on
January 27, 2012 that correctly interpreted that section of the law
that any governor whose election was annulled and asked to be
re-conducted, should he win the re-run, his tenure will start to
count from when he was initially sworn in and not the time he wins
a re-run. This position was later reflected in the 2010
constitution amendment. It was through judicial activism that
Nigeria now has staggered election in which case governor elections
in Anambra, Kogi, Bayelsa, Ekiti, Edo, Ondo, and Osun now hold on
different dates.
The judiciary, it was, that has been nullifying many of the rash
and unconstitutional impeachments of many deputy governors and
indeed governors by the state Houses of Assembly. Among them was
the nullification of the impeachments of former Governor Murtala
Nyako of Adamawa State as well as those of the ex-Deputy Governors
Sunday Onyebuchi of Enugu State, Mohammed Garba Gadi of Bauchi
State, and Ali Olanusi of Ondo State.
Much as I like the way the judiciary has been redressing
injustices in our electioneering process, I wish that our lawmakers
will amend the constitution to put time limit to pre-election
matters just like they did in 2010 for post-election matters. Most
of the above cited cases were pre-election matters and they took
the courts average of two years to make final pronouncements on who
are the rightful candidates in the legislative elections. Though
those sacked have been asked to refund all the monies collected,
however, unlike in the cases of the executive positions where the
tenure of the winners will start to count from when they are
inaugurated, the tenure of a legislator ends simultaneously with
those of his or her colleagues who had been in office while the
plaintiffs were in courts. This is unfair.
Of what essence is the constitutional requirement that INEC
should observe party primaries, congresses and conventions when by
virtue of section 31 (1) of the Electoral Act 2010, as amended, the
electoral body is divested of any say in who the rightful candidate
of the party is, even when it knows that some of the candidates
emerged from flawed nomination process? Since political parties
have proved incorrigible in following due process in nominating
their candidates, thereby constituting burden on the judiciary, it
is my considered view that INEC should be involved in the screening
of candidates put forward by parties for election.
–Follow me on Twitter: @jideojong
Last month, Nigeria celebrated 18 years of uninterrupted
democratic rule. Both the executive and legislative arms spoke
glowingly of their contributions to the country’s democratic
consolidation. However, not much was heard about the contributions
of the third arm, the judiciary. In the recent past, particularly
under this All Progressives Congress government, there have been
unrelenting efforts in demonising the members of the Bench and Bar
in Nigeria. Judges and lawyers are castigated as being the cogs in
the wheel of anti-corruption.
There are indeed corrupt judges and lawyers just as there are
corrupt persons in all walks of life. However, the ignominious
actions of a few should not be used as a yardstick to judge an
entire institution. I dare say that, but for the courage and
activism displayed by the judiciary, there would have been anarchy
in this country and the military might have had a good reason to
stage a coup to topple extant civilian administration. The
judiciary is contributing immensely to sanitizing the country’s
electoral process. It is the arm of government that has been able
to largely rein in the excesses of the political class.
Slowly and steadily, Nigeria’s judiciary is restoring internal
party democracy into our political system and I do hope our
politicians, particularly the party executives, are taking note.
When Dr. Chris Ngige was illegally declared the Governor of Anambra
State in April 2003, it was the court that restored the people’s
mandate freely given to Peter Obi. When Obi was wrongfully
impeached by the Anambra State House of Assembly, it was the same
judiciary that reinstated him to office. When the Independent
National Electoral Commission conducted governorship election in
the state in April 2007 which saw to the emergence of Andy Ubah as
the new governor, it was to the court that Obi ran to. The court
later sacked Ubah when it said the tenure of Obi started to count
from the time he was sworn in and that he was not serving out the
remainder of the term of Ngige.
When Chibuike Amaechi of Rivers State contested and won the
nomination of his then party, the Peoples Democratic Party in
December 2006 only to be unlawfully replaced by Sir Celestine
Omehia without cogent and verifiable reasons, it was to the court
he ran to for succour. The Supreme Court, in a landmark judgment
regarded as ‘locus classicus’ in law on October 25, 2007, declared
Amaechi the rightfully elected candidate of the PDP even though he
did not campaign nor have his name on the ballot. He was asked to
be sworn in immediately by the apex court. The Supreme Court in
taking this unprecedented position took judicial notice of its
earlier judgment restoring Senator Ifeanyi Ararume who was
similarly denied the governorship ticket of the PDP in Imo State
only to be expelled by the party in order to render the court
judgment a nullity.
It is important to also refresh the minds of readers that former
Governors Olusegun Mimiko of Ondo State; Kayode Fayemi of Ekiti
State; Adams Oshiomhole of Edo State and incumbent Governor Rauf
Aregbesola of Osun State might never have been governors if not for
the judiciary that assisted to retrieve their stolen mandates.
Indeed, but for the judiciary which came to the rescue of former
Vice President Atiku Abubakar, he would not have served out his
tenure neither would he have contested the 2007 presidential
election under the Action Congress. It was another ‘locus
classicus’ when the Supreme Court ruled that joint candidacy of
contestants and their running mates ends at the polls and does not
extend to government. Hence, in 2007, we witnessed a divided
Presidency with President Olusegun Obasanjo being in the PDP and
his deputy being in the AC.
It took judicial intervention to retrieve the stolen mandate of
senators Ben Obi and Joy Emordi of Anambra State, Jenkins Gwede of
Delta State, Senator Bassey Etim of Akwa Ibom State, Ben Nwankwo of
Anambra State, and much recently, Senator-elect Shuaibu Isa Lau of
Taraba State and House of Representatives member-elect, Mrs.
Dorathy Mato of Benue State. Just last Friday, June 23, 2017, the
Supreme Court sacked Senator Sani Abubakar Danladi (PDP, Taraba
North) and the lawmaker representing Vandeikya/Konshisha Federal
Constituency of Benue State in the House of Representatives, Herman
Hembe (APC). Not only were they unceremoniously removed for being
usurpers, the apex court also mandated both of them to, within 90
days, return all the salaries and allowances they had collected in
the last two years since they were illegally occupying their
offices. These judgments have now paved way for Alhaji Lau and
MrsMato to be sworn in by the respective leadership of National
Assembly to replace Danladi and Hembe.
It is noteworthy that since 2014, the Supreme Court in order to
deter our political parties from wrongfully nominating or
substituting their candidates has been asking all the usurpers to
refund all the emoluments they had collected illegally while
holding their exalted offices. It first happened in Delta State in
a State House of Assembly tussle involving Mr. Edoja Akpodiete and
Mr. Jenkins Gwede both of the Democratic Peoples Party. In its lead
judgment delivered by Justice Walter Onnoghen, the Supreme Court
ordered that the latter should take over the seat from Akpodiete as
the bonafide representative of Ugelli North Constituency II. The
apex court also ordered him to refund to the state coffers all the
salaries and allowances he had collected since he had been
occupying the seat in 2011.
In a case involving two Basseys, the Supreme Court on February
27, 2017 sacked Senator Bassey Akpan (PDP, Akwa Ibom North) and
asked INEC to issue a Certificate of Return to Mr. Bassey Etim.
Akpan was to refund all monies he had collected since June 9, 2015
when he was illegally inaugurated as a member of the Senate. On
April 7 this year, the Supreme Court similarly booted out
Sopuluchukwu Ezeonwuka of the PDP as the representative of Orumba
North/South of Anambra Federal Constituency in the House of
Representatives. The court replaced him with Chief Ben Nwankwo
while asking Ezeonwuka to refund all salaries and allowances he had
collected to the coffers of the National Assembly.
When some governors were trying to elongate their tenure through
the backdoor by misinterpreting Section 180 (2) of 1999 Nigerian
Constitution as amended in 2010 to say that their tenure started to
count from the day they were sworn in after winning a re-run
election, it was the Supreme Court who in a landmark judgment on
January 27, 2012 that correctly interpreted that section of the law
that any governor whose election was annulled and asked to be
re-conducted, should he win the re-run, his tenure will start to
count from when he was initially sworn in and not the time he wins
a re-run. This position was later reflected in the 2010
constitution amendment. It was through judicial activism that
Nigeria now has staggered election in which case governor elections
in Anambra, Kogi, Bayelsa, Ekiti, Edo, Ondo, and Osun now hold on
different dates.
The judiciary, it was, that has been nullifying many of the rash
and unconstitutional impeachments of many deputy governors and
indeed governors by the state Houses of Assembly. Among them was
the nullification of the impeachments of former Governor Murtala
Nyako of Adamawa State as well as those of the ex-Deputy Governors
Sunday Onyebuchi of Enugu State, Mohammed Garba Gadi of Bauchi
State, and Ali Olanusi of Ondo State.
Much as I like the way the judiciary has been redressing
injustices in our electioneering process, I wish that our lawmakers
will amend the constitution to put time limit to pre-election
matters just like they did in 2010 for post-election matters. Most
of the above cited cases were pre-election matters and they took
the courts average of two years to make final pronouncements on who
are the rightful candidates in the legislative elections. Though
those sacked have been asked to refund all the monies collected,
however, unlike in the cases of the executive positions where the
tenure of the winners will start to count from when they are
inaugurated, the tenure of a legislator ends simultaneously with
those of his or her colleagues who had been in office while the
plaintiffs were in courts. This is unfair.
Of what essence is the constitutional requirement that INEC
should observe party primaries, congresses and conventions when by
virtue of section 31 (1) of the Electoral Act 2010, as amended, the
electoral body is divested of any say in who the rightful candidate
of the party is, even when it knows that some of the candidates
emerged from flawed nomination process? Since political parties
have proved incorrigible in following due process in nominating
their candidates, thereby constituting burden on the judiciary, it
is my considered view that INEC should be involved in the screening
of candidates put forward by parties for election.
–Follow me on Twitter: @jideojong
Read more https://nairalaw.com/judiciarys-contributions-to-democratic-consolidation/