From Okwe Obi, Abuja
The Inter-Party Advisory Council (IPAC), National Chairman of the All Progressives Congress (APC) Abdullahi Umar Ganduje and a Senior Advocate of Nigeria (SAN), Jubril Samuel Okutepa, have charged the judiciary to be credible and upright in the discharge of its responsibility, especially on electoral jurisprudence.
They spoke at IPAC First Roundtable on ‘The Role Of The Judiciary in Nigeria’s Democratic Sustainability’, yesterday in Abuja.
IPAC National Chairman, Yusuf Dantalle, pointed out that courts should take a hard look at some of the principles of electoral jurisprudence that are aiding and abetting rigging and imposition of people duly rejected at the polls, but wrongly announced and imposed by the electoral body.
“Nigerian judiciary must be bold and ready to do what it is set up to do in deepening democracy given the controversies that trail the conduct of elections in Nigeria.
“The courts must emphasize the superiority of Constitutional provisions and Acts of parliament over rules, guidelines, regulations.
“The inevitable and sacred duty on the judiciary to avoid technicality and to do substantial justice since in the words of the Supreme Court, …technical justice, in reality is not justice but a caricature of it
“The innovations introduced by the BVAS accreditation and uploading of elections results at the polling units to ensure transparent democratic processes must be given the correct interpretation to ensure the sanctity of our democratic sanity.
“Legislation should nip in the bud the issue of laxity and latitude given to INEC to choose whichever method of transmission of results it wants; but adhere to a mandatory, uniform, clear and unarguable duty and obligation to be carried out by INEC via a clean and unambiguous status.
“The Nigerian Judiciary must maintain a very great distance from politics and politicians.
“The judiciary must be ready to order the demolition of superstructure erected on faulty foundations to produce winners in the elections in Nigeria and to instil political sanity in our political system and to ensure democratic growth and sustainability.
“No court worth it’s salts should approve barbaric conduct that produced winners of elections in democracy on the principle of substantial compliance that will continue to encourage brigandage and hooliganism as parts of Nigerian brand of democracy.”
Ganduje should thrive to entrench the principles of transparency and accountability, which he described as a key pillars of a vibrant democracy.
“I believe one of the key pillars of a vibrant democracy is an independent judiciary, therefore, stakeholders in the democratic process must ensure that the judiciary remains free from external influences and interference.
“This will enable it to uphold the principles of justice, fairness, and the rule of law. Another key pillar is transparency and accountability within the judiciary.
“This will enable it to uphold the principles of justice, fairness, and the rule of law. Another key pillar is transparency and accountability within the judiciary.
“These are essential for building public trust and confidence in the judicial system. As political leaders, we must support efforts to enhance transparency, accountability, and integrity within the judiciary to promote democratic sustainability,” the former Kano State governor, said.
In his presentation, Okutepa, contended that the court should desist from approving what he called “barbaric conduct that produced winners of elections in democracy on the principle of substantial compliance that will continue to encourage brigandage and hooliganism as parts of Nigerian brand of democracy.”
The senior advocate added: “Our courts must resist the temptations of encouraging the continued use of thuggery as parts of Nigerian democratic culture and values.
“Nigerians must not be seen as primitive in the comity of democratic nations.
“There is no need celebrating technical victory or justice because in the long run those principles will turn around to hurt all of us.
“Part of the reasons why both the executive and legislative arms of government treat Nigerians with contempt and disdain is because we have electoral system that does not serve the people with pure and undiluted justice.”