Judiciary on the march….

THESE are peculiar times for the citizens of Nigeria. After 20 years of presidential democracy, the constitutional obligation which mandates the electorate to choose their political leaders through the ballot box is fast losing its value. Instead, five or seven judges sitting over heaps of documented evidence of election malfeasance, exposed to diverse influences are the persons who determine rulers in Nigeria. This new power to enthrone or dethrone a candidate through the law court is due in large part, to the gross failure of the Independent National Electoral Commission (INEC) to discharge its mandate.  This sad development attained its apogee when INEC failed woefully in its conduct of the 2019 general elections. Roundly condemned by every election monitoring group as lacking in integrity and value, only those who were favoured by INEC’s ineptitude or manipulated the law courts are smiling in their gains.

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This unconventional role of deciding who becomes the occupant of a political office by the judiciary has exposed the underbelly of the Nigerian judiciary, placing on this arm of government a heavier burden it was not designed to shoulder. On September 11, 2019, the laughing stock which the judiciary in Nigeria has been reduced in recent times got elevated a notch higher. In what could best be described as now infamous feed of drama of the absurd, judges made frantic efforts to substantiate a glaring case of falsehood made under an oath by a candidate contrary to the rules guiding the process. Furthermore, on the same judgment of the Appeal Court Panel, it would appear that to contest any electoral office, no form of academic qualification is required rather; all that is required is a sworn affidavit claiming whatever academic qualification pleases the candidate. This can only be travesty of the law that we know.

Fortunately, there remaineth one more opportunity for the Nigerian judiciary to save itself from further ridicule. And that onus to prove to Nigerians and the whole world that all hope is not lost with the judiciary, rests on the seven-man Supreme Court Judges that will sit for another 60 days to determine the appeal of the People’s Democratic Party (PDP) and Atiku/Obi against the September 11 judgment. In accordance with its laid down procedures and tradition traceable to the inception of the country’s democracy, the most senior members of the Supreme Court Justices would be expected to be appointed into the panel, deliberate on the petition, towing the line of what constitutes rational law and make pronouncements that will not only ensure that justice is done but seen to have been done. By resisting every form of intimidation and inducement from different quarters, the judges much more than ensuring that justice is done, need to know that they owe it to posterity to restore the dignity of the legal practice in Nigeria.

This trial at the Supreme Court will again put to test the accountability function of the courts. At the core of this will ultimately be to safeguard the integrity of the electoral process which has been sorely battered. The seven judges, whose selection must be guided by existing precedence, should be reminded that they represent the last hope of restoring lost confidence by Nigerians on the electoral process. They must equally bear in mind that the judiciary in a democratic setting must prevent those in position of power from “tilting the playing field” and “drawing up ladder”, using their power to manipulate the electoral contest.

Justice Ibrahim Tanko Muhammad spoke the heart of most Nigerians who have been concerned with the fading light of the judiciary, when he assured at the Annual General Conference of the Nigerian Bar Association (NBA) in Lagos thus: “The judiciary is facing very critical challenges but, we will not lose the mantra of integrity, equity and honesty on which our judiciary system was built.”  The top judicial officer whose predecessor was shoved aside two weeks before the general election, vowed to Nigerians and to his professional colleagues that, “I will hold on to that (integrity, equity and honesty) even till the last moment of my breath. We will not look at any face or feeling before taking our decisions. If there is any deity, that deity is God. We will never be subservient to anybody no matter how highly placed.”

And suddenly, here comes the day of the testing of Justice Tanko’s faith. Will the Chief Justice of Nigeria match his words with conduct or will he remember that like the President, Muhammadu Buhari, he also had a certain issue with a certificate gone awol. Once again, the Nigerian judiciary is pitched against the world. Will these judges etch their names in gold by passing a fair, just and equitable verdict? In a time not more than 60 days, they will read out their judgment, the world will know and posterity will bear them record.

• Omoniyi is a sociopolitical writer based in Abuja