A prominent Nigerian lawyer, Mike Ozekhome, SAN, has called on the judiciary to ensure sound judgements in electoral matters to strengthen the nation’s democracy.
Ozekhome made the call during the 9th Convocation lecture at Gregory University Uturu in Abia State on Friday.
Speaking on the theme “Judiciary as the final arbiter of election outcomes: Aberrations and judgements without justice,” Ozekhome reminded the judiciary of its pivotal role in upholding democracy in the country. He also characterized election tribunals in Nigeria as ‘bats,’ stating that they do not fit into the categories of superior or inferior courts, but instead possess both original and appellate jurisdictions in handling election petitions.
The senior advocate of Nigeria stressed that both the electorate and their chosen representatives rely on the judiciary for justice, particularly through well-reasoned judgements.
He cited the controversial ruling in the case of Hope Uzodinma & APC vs. Emeka Ihedioha, PDP & INEC, where the Supreme Court’s decision sent shockwaves through the nation, according to Daily Post.
Ozekhome further highlighted the burden placed on the judicial system by the exploitation of procedural rules, emphasizing that the quality of testimony in election cases is far more important than the number of witnesses. He pointed out that a large number of witnesses does not necessarily guarantee success in election matters.
The human rights lawyer also called for constitutional reforms, specifically advocating for amendments to the 1999 Constitution and the 2022 Electoral Act. He proposed that election petitions should be resolved before the inauguration of elected officials, a practice seen during the 1979 elections in the Second Republic.
He argued that “the quality of testimony tendered by witnesses is more important than number of witnesses in an election matter as large number of witnesses may not be enough to guarantee victory for a party in election matters”.
” In order words, no winner of an election petition should be sworn in until the disposal of a petition challenging his or her election,” Ozekhome said.
