The Nigerian Bar Association Section on Public Interest and Development Law, NBA-SPIDEL, has admonished politicians to stop over-burdening the judiciary with post-election matters.
The section made the remark in a 27-page communique issued at the end of its 2023 Annual General Conference in Lagos with the theme, Post Election Nigeria: Judiciary in the eye of the storm’
The communique issued Friday and signed by NBA-SPIDEL chairman, Monday Ubani and the Chairman,
Conference Planning Committee, Okey Ohagba, also condemned the attitude of prioritizing election matters over every other matter in Nigerian courts to the detriment of ordinary Nigerians whose freedom may be at stake in a criminal matter or those that may suffer irreparable loss in civil matters.
It also encouraged the Judiciary to showcase itself as thoroughly independent and courageous in dispensing electoral justice without fear or favor especially now that Nigerians are looking up to the courts for the correction of whatever may have gone wrong in the 2023 elections.
The section also recommended that a searchlight should be beamed on the activities of support staff of judicial officers as some of them paint the judiciary in very bad light.
The communique also: “emphasized the urgent need for all stakeholders in the Justice system to provide support to NBA and SPIDEL in their efforts to provide public interest services.
” Reiterated the importance of the autonomy and independence of The Judiciary in its true sense and this must include especially financial independence and appointment based on merit and not at the whims and caprices of the executive.
“Acknowledged some of the limitations already identified in the legal framework guiding elections in Nigeria, however, recommended that beyond addressing the legislative issues, more work should be done around the attitude of the implementers of the laws, politicians and the general public. We should respect and not treat our laws with disdain and impunity.
“Agreed that to move our democracy and its processes forward, Nigeria must revisit the UWAIS report and ensure implementation of the recommendations made for elections.
“Lamented the incessant allegations of infractions in our Justice system and stated that when Justice is sold or available to be sold injustice prevails.
“Called for the un-bundling of INEC given the many allegations that challenge its independence and non-partisanship.
“Revisit the status of INEC and the process of its participation in the electoral tribunals in Nigeria.
“Condemned the attitude of Lawyers who are contributing more to the subversion of the electoral process and recommended accountability and sanctions of lawyers who sabotage the electoral process.
“Condemned the attitude of prioritizing election matters over every other matter in Nigerian courts to the detriment of ordinary Nigerians whose freedom may be at stake in a criminal matter or those that may suffer irreparable loss in civil matters.
“Communicated that the National Assembly lacks the vires to fix the salary of members of the senate and house of Representatives. Only the fiscal revenue Allocation Mobilisation Committee is empowered to carry out such duties.
“Lamented the negative role poorly organized Political parties’ primaries play in igniting Nigerian electoral woes and recommended better managed and monitored Party Primaries.
“Lamented the corruption that exists within the administration of criminal Justice, bemoaned the negative effect on inmates and the perennial problem of congestion of custodial centers and called on lawyers to act as ministers in the temple of Justice and support the effective implementation of the innovative provisions of Nigerian criminal laws such as Section 12 (4-12) of the Nigerian Correctional Service Act 2019, the Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws applicable in many States are effectively implemented.
“Made arguments for televising proceedings at the electoral tribunal in the interest of the public and as a human Rights Issue.
“Integrity and Character of practitioners are critical to the survival of the legal profession as such ethics and values should form part of the training of lawyers.
“It is important to address the issue of difficulty in enforcing Judgment against public institutions, especially for public interest litigation as this is contributing to public loss of interest in judicial processes.
“Searchlight should be beamed on the activities of support staff of judicial officers as some of them paint the judiciary in very bad light.
“Emphasized the role technology can play in giving Nigeria a better electoral process and the need for capacity of stakeholders to be built around this.”
