Politics
2023 Elections Brought Nigeria’s Worst Court Judgments -Bwala
Daniel Bwala, The spokesperson for Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), Daniel Bwala, says the 2023 general elections have brought about Nigeria’s worst court judgments in recent years.
Bwala said this while speaking during a live television interview on Monday.
According to him, the electoral tribunals of the 2023 presidential and gubernatorial elections led to the most inconsistent and worst judgements that the courts have ever delivered.
He expressed disappointment over the sack of the Plateau State governor, Caleb Muftwang of the PDP by the Appeal Court in Jos.
Bwala said, “In 2023 elections, we have had the worst judgement of courts. We have not had so much of conflicting decisions by one tier of government, because if you look at the election tribunal this year;…you will notice that there were inconsistencies in one or two tribunal cases at the trial level, and probably at the Supreme Court, one or two complaints, but at the Court of Appeal is where almost all of these conflicting judgements have so far been experienced.”
Bwala further stated, “The court of Appeal is one court, so the court in Abuja can be relied on as the same court in Lagos, and as such, one will expect the court to be able to keep abreast of its judgements and keep consistent and constant judgments.
“The judgment by the court of Appeal in Plateau State that removed the governor, the appellate court dealt into the merit of a pre-election matter, and they said it also qualified as a pre-election and main election, and they delivered the judgment.
“The same court of Appeal in Ebonyi state, the case of pre-election was canvassed. The court of Appeal in Ebonyi said it’s a pre-election matter, we do not delve into pre-election.”
Bwala said the decision taken in Ebonyi state was also taken in Benue state, as the Appeal Court refused to delve into pre-election matters.
He noted that in the case of the 2023 elections, the Supreme Court had made it clear that opposition members of a political party are not allowed to bring up a case of pre-election matters of other political parties to the courts.
The lawyer said that several retired justices have always, in their judgments, classified the decisions by lower courts that did not follow the judgement of the Supreme Court as “Judicial Rascality.”
He added that they are embarking on their own frolics contrary to the constitution that says the judgement of the Supreme Court binds all other courts together.
He said, “I have no doubt in my mind that the Court of Appeal decision in Jos, when it goes to the Supreme Court, that like the way, when we say ‘All eyes are on the judiciary,’ the people seem to think that you’re blackballing the judiciary. No, when you say ‘all eyes are on the judiciary,’ you’re saying our hope now lies on how they will interpret.
“So, this case of Plateau State, when it goes to the Supreme Court, it will be a case of the Supreme Court vs the Court of Appeal. It has more to do with the sanctity and integrity of the Supreme Court itself;
“…because the Supreme Court will have to determine whether that judgment they delivered in Presidential election tribunal is to be carried out by subordinate courts in Nigeria. Because they made it clear that a decision by the final court is called a settled law.
“Once a law is not determined by the final court, it is not a settled law. But once it is determined by a final court, it is cast in stone. So, the Supreme Court will have to determine whether the appeal court is above it, or it is above the Court of Appeal.”
On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.