- December 19, 2020
- Posted by: Stephen Azubuike
- Category: Opinions
![Nigerian politics justice system and security](https://i0.wp.com/stephenlegal.ng/storage/2020/12/politics-2426940_1280.jpg?resize=830%2C340&ssl=1)
Everything related to politics enjoy the pride of place in the scheme of things in Nigeria. We shall briefly highlight issues in areas such as the judicial system and security in order to drive home the point and to possibly borrow some ideas and motivation from them.
Judicial System
Nigeria has a well developed judicial system which has up till date, seen eminent personalities mount the throne of judgment as judges. The bane of the justice system has remained the inordinate delays in justice delivery.
However, if you desire to see the beauty of our judicial system in Nigeria, take a look at how election petition cases are handled. Nigerian politicians are bad losers but understandably so. The elections are oftentimes about who outrigs or outspends the other. So, virtually every election leads to an election petition case, both pre-election matters (inspired by poor internal democracy) and post-election cases. The courts are made to appear like the actual deciders of who wins an election. For instance, the current Governor of Imo State has been nicknamed the Supreme Court Governor due to his unprecedented and unbelievable triumph at the Supreme Court during the post-election legal battles.
Under Nigerian Law, an election petition case is a civil action which is considered to be in a class of its own (sui generis). Given that these petitions have bearings on leadership, it is pertinent that they are decided swiftly in order to guarantee some level of stability in governance. The Electoral Laws and Rules of procedure are set out to ensure expeditious determination of the cases. In fact, the time-limit for filing the cases are strictly applied, such that if you fail to file within time, time may never be extended. The time-schedule for the hearing and determination of the petition including the hearing of appeals is so fantastically adhered to by both the courts and counsel. In the case of Josiah John Aji v. Tanimu Mohammed Danlele & Ors (2015) LPELR-40362 (CA), Onyemenam, JCA stated:
It is now a chorus which I must sing here again, that election matters are sui generis and as such must be conducted strictly in compliance with the laws and rules guiding them.
Election cases are treated like matters of life and death, just like patients in hospital emergency ward. In the case of Chief Alex Olusola Oke & Anor v. Dr. Rahman Olusegun Mimiko & Ors (2013) LPELR-20645(SC), I. T. Muhammad JSC (now CJN) said:
The general principle of the law is that election matters are SUI GENERIS. They are limited by time span especially the gubernatorial one. They cannot withstand everlasting time span (ad infinitum). They must be concluded within a given time span in order to allow the winning candidate (governor-elect etc) assume his responsibilities of the office. He has a very limited number of years. Time lapse will seriously affect his term of office unlike in other ordinary civil matters with no time bar. In any event, in all cases, there must be end to litigation.
Without quoting the Honourable CJN out of context, it does appear clearly that unlike election petition cases, other civil cases suffer everlasting time span. Thus, the point remains that it will not be out of place if the same or at least, a similar level of attention, is given to other cases, especially commercial cases. The level of seriousness accorded to election petition cases by our courts compared to the seeming nonchalance sometimes witnessed when dealing with other class of cases leaves a sour taste in the mouth of litigants. In the dictionary of many Nigerian courts, the word, urgency, only has better meaning mainly in election cases, to the irritation of everyone. This does not mean that our courts are not putting in their best.
We need more courts, more sound judges (highly skilled in the use of computer and other electronic gadgets) and more simplified procedural rules to be applied with the same level of seriousness donated to election petitions. There are a number of interlocutory applications that deserve to be dispensed with on the spot without the need to give long adjournments for ruling. For instance, applications for injunction, joinder, etc. The importance of a reliable judiciary and predictable justice system can never be overemphasized.
Security
Like our justice system in election petition cases, the pride of our security architecture is highlighted during elections. You will see battalion of police and soldiers in action to protect ballot boxes in a manner that clearly demonstrates that human lives are not as valued as these boxes. Ironically, it is still humans and not inanimate objects or cattle that vote at elections. Politicians, both those in power and those seeking to hijack power, often sponsor thugs to assist during the elections. This makes the heavy presence of law enforcement agents desirable to protect the votes (or sometimes to do otherwise). But after protecting the votes, the Government does not demonstrate the same level of commitment in protecting lives and putting an end to insurgency.
From the reports, we have seen how some of our leaders and politicians benefit immensely from the huge budget set aside for security while we regrettably remain insecure and our security forces suffer poor financing. There are even allegations in some quarters that those at the helm of affairs of the security forces are accomplices, leaving the ‘lower officers’ in the field at the mercy of more sophisticated militants and forces. Today, Shekau, the man with nine lives, consider Nigeria a stage for his cinema plays. The ‘Lord of the North East’ has no worries in his acquired territories.
Pandemic
The duty of the Government to secure lives and properties includes the duty to guarantee health and safety of the people. During the wave of Covid-19 (whether first or second wave), political activities including rallies are hardly within the contemplation of the Government when preaching about caution and saftey. Recently, the Lagos State Governor lamented on how caution is being thrown to the wind at worship places, other entertainment centres, etc, but the recent political campaigns in the State was never an issue. There should be a balance to avoid being seen as being hypocritical in our approach. We have also seen how politicians were fingered for hoarding Covid-19 Palliatives and heads did not roll. Unsecured warehouses were like a hall for rock and roll with food items by the masses.
Conclusion
Should we all turn to politics? It is clearly impossible. Our leaders must use government powers to improve the lives of people in many ways. The level of attention politics and politicians enjoy in identified areas – justice system and security – should be accorded to other areas too. What we sow, we shall reap. Politics cannot save anyone from the calamities that naturally flow from neglecting key areas like the the judiciary and security.