• Seeks review of judgements sacking three opposition governors
….as PDP asks CJN to probe ruling party’s claim of controlling judiciary
Renowned lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has described as a dangerous judicial trend the recent tendency by the courts to sanction voters and deprive them of their rights to elect leaders of their choice due to the mistakes of some electoral officers.
Falana made the assertion in a television programme on Monday.
He called for a review of some recent judgements delivered by the Court of Appeal, which sacked two governors of the opposition Peoples Democratic Party (PDP) in Zamfara and Plateau states, and a New Nigeria Peoples Party (NNPP) governor in Kano State.
Also on Monday, the PDP called on the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, to defend the integrity of the judiciary by setting up a judicial inquest into alleged public boasting by leaders of the ruling APC that the party had persons in the judiciary, particularly at the Court of Appeal and Supreme Court, who would do their bidding on election cases before the courts.
However, speaking during an interview on national television, Falana said, “If you look at what happened in Lagos, it is different from what happened in Plateau. You are being told in Plateau that there was a judgement of the High Court to the effect that primaries have to be conducted. The judgement, as usual, was dishonoured and disobeyed and the election went on.
“It is different from Kano, where you are being told that voters can be punished. It is a very dangerous judicial policy to sanction voters for the mistake of electoral officers.
“We are being told that 165,000 votes are wasted, they are invalid because some electoral officers committed an error by not stamping them. How does that affect the validity of the election?
“I do hope that this time around, the Supreme Court will resolve these needless controversies surrounding the non-stamping of ballot papers by INEC officials, who have not been recommended for any sanction. This is why these judgements will have to be reviewed.”
Falana had aired a similar view days back, when he argued, “Nigeria cannot conduct credible elections without amending the relevant provisions of the constitution and Electoral Act to provide for the appointment of INEC members by advertisement, deployment of technology for accreditation of voters and transmission of election results from polling units to the central server of INEC.”
Speaking on “Updating Nigeria’s Electoral Reforms” at the Retreat of the Joint Committee on Electoral Matters, supported by Policy and Legal Advocacy Centre in Lagos, Falana said, “Once the electoral process is fully technologised the proof of election petitions will be based on the BVAS reports and uploaded results.
“The onus of proof of conduct of credible elections should shift to INEC and winners of elections. The question of dumping election materials will not arise, as they would be produced and certified by INEC.
“Democracy cannot be consolidated, where the masses are asked to tighten their belts while elected public officers are paying themselves jumbo salaries and allowances.”
According to him, “Since democracy is under threat due to mass poverty, the political system must address the welfare and security of the people.”
In a similar vein, PDP called for a review of the election judgements, especially the Court of Appeal judgement on the Plateau State governorship poll. National Publicity Secretary of PDP, Debo Olohunagba, said the appeal court judgement was skewed against the party in favour of APC.
PDP called on the CJN to defend the integrity of the judiciary by setting up a judicial panel of inquiry to probe the open boasting by APC leaders that the party had persons in the judiciary, particularly at the appeal court and Supreme Court, who would do their bidding on election cases before the courts.
In a statement by PDP’s National Publicity Secretary, Debo Ologunagba, the party said Nigerians were appalled by such boastings, as also contained in a viral video by an APC leader, Hon. Yusuf Gagdi, a member of the House of Representatives from Plateau State, wherein he said, “We have gone to appeal court and the final destination is the Supreme Court and we will meet there. That is where we will know whom they know and they will know whom we know.”
According to Ologunagba, “The above statement by Hon. Gagdi further confirms the suspicion in the public domain that the APC has set up a special team comprising two former governors of the APC, who are also serving cabinet ministers, and a prominent APC leader from the North-east zone with the mandate to ensure the inducement of certain judicial officers to deliver judgements against the PDP, as being witnessed in the series of bias judgements by the Plateau State Election Appeal Court Panel.
“This statement by Hon. Gagdi also lends credence to allegations that a former governor of the APC reportedly induced members of the Plateau State Election Appeal Court Panel with the sum of $5 million to deliver a bias judgement against Governor Caleb Mutfwang’s victory at the poll contrary to the position of the law on nomination of candidates and already established pronouncement of the Supreme Court that a political party cannot interfere in the internal affairs of another Party.”
Ologunagba said more worrisome was that the public claim by APC that it had persons, even at the Supreme Court, had directly put the integrity and honour of the highest temple of ;ustice in the country at stake.
The PDP spokesman said, “The loss of public confidence being generated by this claim has the capacity to push Nigerians to resort to self-help, which is a recipe for anarchy, chaos and breakdown of law and order in our country.
“What Nigerians expect at this moment is for the judiciary to come clean on these grave allegations as well as uphold the primacy of pronouncements by the Supreme Court in the dispensation of justice on election matters.” (THISDAY)
