The warning by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, that judges appointed to election tribunals could be carefully scrutinised couldn’t have come at a higher time than now when the Independent National Electoral Commission is making efforts to be sure that the 2027 elections are free, honest and credible, Davidson Iriekpen writes
Ahead of the 2027 normal election, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, final Wednesday warned that judges appointed to election tribunals could be carefully monitored. Speaking in the course of the flag-off ceremony of the 2026/2027 authorized 12 months of the National Industrial Court of Nigeria (NICN), the CJN, who famous that some judges of the courtroom might be known as upon to function members of election petition tribunals, famous that the character of such an project demanded a nice diploma of impartiality and restraint.
The CJN maintained that the courts should stay intellectually ready to meet modern-day challenges, whereas making certain that their choices remained firmly anchored in the structure, relevant laws, binding precedent and established ideas of judicial reasoning.
She added that judges should be sure that nothing in their associations, public engagements or different conduct creates a affordable notion of political alignment or predisposition.
Kekere-Ekun additionally cautioned attorneys towards duplicating courtroom actions in completely different jurisdictions in a method that would end result in conflicting judgments, undermine public confidence and expose the judiciary to disrepute.
She additional known as for restraint in public commentary on judicial proceedings, saying criticism of judgments shouldn’t degenerate into private assaults on judges, deliberate misrepresentation of proceedings or makes an attempt to stress the courts by public opinion.
The CJN urged judges to uphold absolute neutrality, restraint, and detachment forward of the 2027 normal elections. She warned that judicial conduct will likely be monitored carefully, and any public engagements, associations, or actions suggesting political alignment should be prevented.
She stated: “As we strategy one other electoral season, these tasks assume even better significance. Some of Your Lordships might, in accordance with the relevant constitutional and authorized framework, be known as upon to function members of Election Petition Tribunals. In that capability, Your Lordships will likely be known as upon to determine politically delicate disputes, which are a magnet for appreciable public consideration.
“The nature of such assignments due to this fact calls for a good better diploma of impartiality, restraint and detachment. Whether sitting in this courtroom or performing a Tribunal project, you should stay acutely aware that your conduct will likely be carefully scrutinised.
“You should be sure that nothing in your associations, public engagements or different conduct creates a affordable notion of political alignment or predisposition.
“The Bar mustn’t ever turn out to be an instrument by which the judicial course of is manipulated for partisan or strategic functions. The correct discussion board is set by legislation, not by the perceived chance of success earlier than a specific decide or courtroom.
“There is also a need for restraint in public commentary. The right to criticise a judgment or judicial process does not extend to personal attacks on judges, deliberate misrepresentation of proceedings or attempts to bring pressure to bear on the court through public opinion.”
It is not information that INEC has mounted January subsequent 12 months for presidential and federal legislative elections, whereas these of the governorship and state legislatures are slated for February.
For many, the warning by the CJN couldn’t have come at a higher time than now when INEC is frantically making efforts to be sure that the 2027 elections are free, honest and credible.
On many events, the Chairman of the fee, Professor Joash Amupitan (SAN), has been assuring Nigerians that he would do every little thing attainable to ship elections that may fulfill Nigerians.
Even final Thursday, whereas delivering the keynote deal with on the tenth Annual Conference of the Guild of Corporate Online Publishers (GOCOP), themed “2027 Elections: Trust, Transparency and Shared Responsibilities,” Amupitan assured Nigerians that his fee was absolutely ready to conduct credible 2027 normal elections and would stay impartial with no most popular candidate or social gathering.
By the time INEC is completed with the elections, its personal facet of the electoral course of would have been accomplished. The subsequent stage could be for the tribunals to takeover ought to there be those that are aggrieved with the method.
For occasion, because the inception of the present democratic dispensation, all presidential elections have ended in courtroom besides that of 2015, the place then incumbent President Goodluck Jonathan, after dropping the election, refused to go to courtroom.
There is little doubt that irrespective of how passable the election could be, candidates who misplaced on the polls would strategy the tribunals to attempt to reclaim their “stolen” mandates.
Previous experiences of trying to search redress in courts had typically ended in disappointment and controversies, making the residents lose religion and confidence in the judiciary. For occasion, a number of the judges on the tribunals and Courts of Appeal who allegedly carried out very badly in Plateau and Kano states have been by no means investigated or sanctioned for his or her alleged poor judgments by the National Judicial Council (NJC).
The judiciary performs a important position in upholding democratic ideas, defending elementary rights, and making certain the rule of legislation. But in latest occasions, it has confronted criticisms relating to controversial and incongruous judgments and perceived inconsistencies, notably in political and electoral issues. This has led to issues in regards to the judiciary’s independence, impartiality and integrity, and its position in upholding democratic ideas.
Judicial recklessness and the rising interference of the judiciary in political issues are undermining Nigeria’s democratic ideas. Furthermore, it has allowed itself to be hijacked and weaponised by politicians for his or her egocentric pursuits and to the detriment of the nation.
Once thought to be the final hope of the widespread man, the judiciary is now seen by many as a nightmare, decreased to serving the whims and caprices of politicians by a string of shambolic judgments. If it isn’t accused of issuing conflicting orders and choices, it’s accused of reversing earlier rulings and creating confusion. Some argue that these inconsistencies undermine public belief and confidence in the third arm of presidency.
There are many Nigerians who’re questioning if some judges who just lately benefitted from the federal and state governments’ lavish mansions don’t danger creating conflicts of curiosity or psychological obligations, probably undermining neutral rulings towards the facilitators of such gestures.
Since there’s at all times the impression that the season of election petition adjudication is the most effective time some judges make enormous cash from politicians, the President of the Court of Appeal ought to be sure that judges chosen to hear petitions arising from the elections are individuals of excessive integrity. Their previous judgments needs to be used as a part of a standards for his or her choices in order to keep away from imprecise and controversial judgments primarily based on ‘cash and carry’.
Instead of delivering judgments that may restore public confidence in the judiciary and strengthen Nigeria’s electoral course of, some judges, influenced by manipulation, exterior stress, or compromised integrity, concern incoherent and contradictory verdicts.
Furthermore, they want to keep away from technicalities in their judgments and guarantee substantive justice that can fulfill all events in the petitions.
A robust, impartial, and accountable judiciary is important to the supply of justice. As essentially the most essential arm of presidency in Nigeria, it should shield all who search justice and lead in making certain entry to it. Without this, the judiciary additional dangers dropping each its relevance and the general public’s belief.
