People’s Democratic Party (PDP) Chieftain, Chief Sunny Onuesoke, has ascribed the problem bedeviling Nigeria’s form of democracy to conflicting judgements by the judiciary.
Onuesoke, while speaking to journalists on Saturday on his way from Warri to a Climate Change Conference in Lagos, said conflicting judgments, especially by courts of co-ordinate jurisdiction at the High Court level, were not only creating problems in the electioneering process, but also creating uncertainties in the country’s growing democracy.
He argued that conflicting judgments do not only confuse counsels and lead to uncertainties with regard to slum decision, they equally impact negatively on the public perception of the ability to guarantee unequivocal justice.
The PDP Chieftain reiterated that the issue of conflicting judgments arising from pre-election and post-election cases has set Nigerian democracy in reverse gear.
He added that a case where one court in one judicial division may give judgement on a particular course of action only to be contradicted by another court of coordinate jurisdiction from another division or even within the same division on the same subject matter does not augur well for the development of Nigeria demoracy.
“Conflicting court orders are negatively affecting the consistency, neutrality, and public perception.
“There is therefore the urgent need to address the issue of conflicting judgments in order to engender certainty in the electoral process,” he advised.
He pointed out that lack of consequential orders by the courts after making findings on an issue and stating the position has compelled the electoral umpire, the Independent National Electoral Commission (INEC) to take a position relying on previous decisions of the court on the subject.
“This, as in some cases, made the Commission appeared inconsistent and has also led to protracted litigation.
“Closely related to this is the issue of orders to maintain the status quo by the court without stating the exact status quo intended.
“This has given room to parties to misinterpret the order to soothe their purpose, thereby knowingly causing confusion and controversy in the polity,” he lamented.
To resolve the issue, the PDP chieftain suggested that there should be productive engagements between the Judiciary and INEC for an efficient and effective dispensation of justice on matters bordering on the electoral process.
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