March 04, 2004

Restoring Judicial Integrity

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Last Thursday, the Election Appeal Tribunal sitting in Enugu reversed the decision of the Anambra State Legislative Houses Election Tribunal, and declared Dr. Ugochukwu Uba as the PDP candidate and winner of Anambra South Senatorial Seat. This decision was greeted with objections from the supporters of Hon. Ukachukwu, resulting in chaos and abrupt termination of the tribunal’s proceedings.

Before the lead judge, Justice Okechukwu Opene, delivered the majority judgement he was widely reported to have declared that he had been “under pressure and threats”. Again, the minority judgement, which held that the appeal lacked merit and consequently dismissed same, further heightens the propensity for chaos in the courtroom.

No doubt, this development is worrisome; the phenomenon of “under pressure and threats”, “untold pressures from unexpected quarters” and the like need to be urgently and seriously addressed. It portrays the judiciary in a bad light and erodes the confidence of the people in the judiciary as a harbinger of justice and the rule of law.

Indeed the role of the Tribunals in the electoral process is very significant and the chairmen/members are expected to be men of integrity and unquestionable character. This fact was severally underscored at the inauguration of the various Election Tribunals mandated to adjudicate disputes arising from the 2003 general elections in Nigeria. But as it is now, the integrity of some of the tribunal judges is being called to question, particularly when judges allude to the presence of external pressure in a bid to influence their decisions.

It is apparent that the concept of judicial independence is gradually disappearing from our polity as it is being sacrificed on the altar of political bravado and manoeuverings by the day. This is rather unfortunate in a democratic dispensation!

It is thus pertinent on the National Judicial Council (NJC) to brace up to the challenge of restoring confidence in Nigeria’s judiciary. Until extraneous factors that are rudely interfering and bent on manipulating justice are exposed and dealt with in the full glare of the public, the dwindling confidence cannot be restored.

CRP therefore reiterates its calls on the NJC to take on this challenge immediately. The “pressures and threats” alleged by Justice Opene and “untold pressures” as well as “unexpected quarters” alleged by Justice Moshood Abass in Senator Omisore’s trial have to be uncovered. Useful insights have been given, the NJC has to conduct inquiries and make its findings public.

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