By Raymond Nkannebe
Some of us have advocated a new and progressive jurisprudential thinking in the determination of election related disputes to the extent that they’re sui generis. It is however clear to me now that our judiciary is not open to that departure from what is clearly ‘Egypt’.
I listened to the decision of the #PEPC that dismissed all the Petitions challenging the victory of President @officialABAT yesterday.
To say that it was cringe-worthy is to understate the point with due respect to their Lordships.
To my mind, I don’t think mere regurgitation of almost impossible legal prescriptions expected of a Petitioner, is the hallmark of an activist-judiciary particularly in a political environment with an entrenched history of institutional-anyhowness.
So, when the Court regaled us with “…the Petitioners failed to…”, they were suggesting to us that they do not share our socio-legal reality which makes it almost impracticable to vindicate an electoral claim through a truck-load of witnesses within a few days.
In the face of the extant #EA which donates powers on the Court to embark on a forensic investigation of duly certified electoral forms & associated relevant documents, I am at a loss as to why our courts are not taking advantage of same to reshape our electoral jurisprudence.
The resort to arid legalism and simplistic explanations to complex jurisprudential questions does not give one the comfort that this Judiciary is ready to lead the procession to a Nigeria that is possible.
It was Justice Oputa who once admonished our judiciary to be organic, just as society is organic. That is to say, the judiciary must have the boldness and courage of conviction to evolve our jurisprudence within the context of contemporary realities of the society it serves.
It does appear to me however, that that admonition has made little or no impression in our judiciary. Otherwise, one would not have been met with yesterday’s spectacle.
For all its pretences to erudition, the judgment was predictable, and not intellectually stimulating enough.
What this means for our democracy and electoral jurisprudence are two fold to wit: (i) it is easier for a camel to pass through the eye of a needle than for a Petitioner to prove an electoral claim and (ii) we must gear up for new ways of electoral malpractice which surely is the way to go.
In the meantime, we propose that all the relevant stakeholders get back to the trenches to fashion out a new sustainable legal framework for elections in Nigeria which must be clear, precise and not open to any form of ambiguity which has been the bane of the Electoral Act, 2022
Nkannebe is a lawyer and global affairs analyst, and writes from Lagos
