The Independent Judicial Accountability Panel (IJAP) of the Citizens Led Engagements on Judicial Accountability in Post-Election Justice Delivery in Nigeria (CLEAP Justice) project of ActionAid Nigeria has faulted the Supreme Court judgments on the protracted political crisis in Rivers, saying that, the judgment left a gap as to whether the issue of the alleged defection of 27 members of the state House of Assembly is still alive or has been settled.
Briefing newsmen in Abuja on Friday at the end of its inaugural meeting, the Chairman of the Independent Judicial Accountability Panel (IJAP), a retired Justice of the Court of Appeal, Justice Mojeed Owoade said, the judgment left a gap because the apex court made comments on the issue of defection without actually addressing it.
After an exhaustive analysis of the judgments, including the ECOWAS court judgment in Obianuju Catherine Udeh and others versus the Federal Republic of Nigeria, IJAP recommended that the judiciary must exercise caution in handling political matters to preserve its integrity and avoid the public perception of bias.
Other members of the 11-man panel are two retired Justices of the Court of Appeal, Justices Chinwe Iyizoba and Oloduton Adefope-Okojie, as well as Prof. Okechukwu Ibeanu, Prof. Jummai Audi, Mr. Mac Imoni Amarere, Barr. Sechap A. Tsokwa, Andrew Mamedu, Judith Gbagidi, Barr. Funmi Olukeye and Celestine Okwudili Odo.
While observing that complex and lengthy judgments of courts defy easy comprehension and therefore undermine public trust, the panel recommended that judgment should start with summary of facts, use simpler legal language, mention names of parties in the body of judgments rather than solely their legal designations and ensuring timely publication of judgments online for easy access by the public.
Regarding the judgments delivered in Rivers State House of Assembly and Speaker versus Government of Rivers state and others, as well as that of APC versus the State Independent Electoral Commission, Justice Owoade said, “The Supreme Court correctly held that the Federal High Court had jurisdiction over the cases.
“However, the court missed an opportunity to clarify key legal provisions regarding the procedure for local government elections, which the Court of Appeal extensively dealt with.
“Also, the Court granted all the reliefs based on affidavit evidence alone without addressing legal interpretations thoroughly”, Justice Owoade stated and urged lawyers to prioritize diligence and truthfulness instead of pursuing frivolous matters in court.
In the case determined by the ECOWAS court between Obianuju Catherine Udeh and two others against the Federal Government, he said, three Nigerian citizens alleged human rights violations, including inhumane treatment and freedom of expression during the Lekki ENDSARS protest in October 2020.
Justice Owoade recalled that the court, in a clear, objective, and a victory for human rights protection judgment, awarded damages to each applicant against the Federal Government and lamented that, nine months after the judgment, the Federal Government has still not complied with the judgment.
“IJAP recommends that the Federal Government of Nigeria should obey orders not only of our domestic courts but also those of international courts, in line with its obligations under various treaties”, he said.
The panel called on the judiciary to be mindful of their oath of office at all times, politicians should generally avoid undue influence on the judiciary and be more accommodating of each other in the interest of their people, and government at all levels must obey orders and respect the fundamental rights of citizens in a democracy and the citizens should show more interest and get involved in activities that hold the judiciary and other government agencies accountable.
As an anti-poverty non-governmental organization, ActionAid has been working in Nigeria to combat poverty and promote social justice across the 36 states of the federation and the FCT for over 20 years.
The organization believes that poverty can be eradicated if the right redistribution of resources and resilience are prioritized.
One of its key initiatives, the CLEAP Justice Project is a 24-month citizen-centered and citizen-driven intervention funded by the Ford Foundation with an overarching goal to contribute to promoting accountability in post-election justice delivery in Nigeria.
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