A Senior Advocate of Nigeria, Chief Niyi Akintola, SAN, has called on the National Judicial Council (NJC) to dismiss any judge that entertains internal affairs of political parties, describing suspension or warning as inadequate sanctions.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
In an interview, the legal luminary, who was a former pioneer legal adviser of the defunct Action Group (AG) and Unity Party of Nigeria (UPN), also described the opposition in Nigeria as “lazy” and suffering from the “cankerworm called disunity.”
Akintola stated that despite the Supreme Court’s ruling that party issues should not be dabbled into by the courts, some lower courts are not listening.
“Yes, but some courts are not listening; the lower courts, the state and Federal High Courts are culprit of that and High Court of the Federal Capital Territory, and that’s why some of us have been clamouring that these judges should be sanctioned,” he said.
“I think the NJC should wield the big stick of not just warning or suspension, it should be outright dismissal. Anyone that entertains internal affairs of political parties should be dismissed.
“That’s my recommendation. That will put them on their toes. Of recent, the Justices of the Supreme Court had to cry out, warning them. Apart from NJC’s instruction, apart from the Supreme Court’s decision, the Justice of the Supreme Court, Justice Ogunmiju said high courts should beware, they should steer clear, but it is unfortunate that some are still fishing in troubled waters.”
Responding to criticisms of the Electoral Act amendments, Akintola defended the National Assembly, noting that most amendments to the Electoral Act over the years were judicially driven.
“Don’t forget, we lawyers, some of us, about three, four or five of us were handling election petitions, drive the previous amendment to the Electoral Act. In fact, most of the amendments that were carried out in 2010 up to 2022 were judicially driven. Those amendments were made based on judicial pronouncements,” he stated.
“For instance, I did the case of Atiku Abubakar against INEC where the Supreme Court ruled that they should neither screen nor disqualify any candidate. So why can’t people follow this trajectory? Some of these issues have been taken to court and the court has pronounced on them, and then the National Assembly now gives it a stamp.”
On allegations by the opposition that the ruling party has a hidden agenda in the Electoral Act, Akintola was dismissive.
“Don’t forget that this thing was subjected to public hearing. The truth of the matter is that the opposition is lazy. They are lazy and they are suffering from that cankerworm called disunity,” he said.
“Most of the time they generalise a lot, they will say ‘people are saying’, who are the people? Tell me you are speaking for yourself. Of course, the majority will have their way, minority will have their say and that’s a form of democracy. What are those sections that have been inserted that were not supposed to be there? What was their position? Did they present alternative position? What were their contributions? They have no alternative position and they are not united.”
The senior advocate further criticised the opposition for lacking direction.
“Who are these people in the opposition? Is there any opposition? There is no ideology, no principle. They are in this party today, they are in that one tomorrow, I don’t see them as being serious,” he stated.
“The opposition wants to put it in the doorsteps of the media, should the media do the thinking for you? Shouldn’t they have a think tank? They should go and work it out, how politics was practised in the past.
“The UPN, AG, which I was a pioneer legal adviser for, I was the legal mind. We are always ahead of the ruling party. The one we don’t allow, we will go to court. See the number of cases that emanated from Lagos State alone against the Obasanjo regime. Some of these were not merely to win, but just to draw the attention of the public, to generate ideas over it. But they are not willing to do that. No think tank, no legal team, no media team, no intelligence team. Then what type of opposition is that?”
On the feasibility of concluding election cases before swearing-in as provided in the new Electoral Act, Akintola said it is possible and already in operation.
“Of course, I have been involved since 1999. It is possible and it is already in operation. The section 285 is very clear. That with due certainty, we must do a little bit of tinkering and that even before now a timeline was given that all pre-election matters must be concluded, that interlocutory applications should not be taken,” he explained.
“There was a time when we were doing election petitions in this country for three years, over one seat. The person you are challenging his seat would have finished his tenure and the case will still be in court. Some were adjudged not to have won the election validly but they finished their tenures, so it becomes academic.”
On the provision limiting political parties to only direct and consensus primaries, Akintola said:
“Don’t forget that some of these political parties have said that they are going to challenge this. Well, I think you can’t have perfect legislation anywhere in the world. In as much as I believe that the National Assembly has done the right thing in the circumstances but it is not yet to hold.”
He explained the rationale: “What was the complaint? That indirect primaries bring corruption. You buy delegates. I know of a man in this country that gulps over $10 billion, not Naira, $10 billion. Where a delegate was collecting $100,000, $50,000, and because of that, people cried against it. Let’s cancel indirect primaries.”
On why he left partisan politics despite being a chieftain of the APC, Akintola explained that communal duties now occupy his time.
“Well, apart from the fact that I was made the Asiwaju of my local government, people are getting me involved with so many communal duties. In the Ibadan land, in Oyo State in particular, and I cannot be in partisan politics and be playing that role,” he said.
“In the larger Ibadan, I am playing so many roles. I am the right-hand man of the Olubadan of Ibadan land. So, I belong to all of them. That’s not to say that I don’t have my opinion.”
On the agitation for power shift in Oyo State, Akintola said people are missing the point.
“I think people are missing the point. They are not addressing the issue they should be addressing. Has there been any time in this state that elections have been conducted that people from other zones have not contested? People from Ogbomosho, Oke-Ogun, Oyo have all been contesting. So the question of power shift, I don’t understand what it means,” he stated.
“Maybe you want to say that Ibadan people should fold their arms. You cannot have something on a straightjacket. It’s my right. If you say people should not, if I decide to contest, can you stop me? Has anybody ever been stopped from contesting from other zones? No, so everybody is entitled to contest. Democracy means everybody participates. Not guided-democracy.”
Get your copy today and take the first step toward financial growth:👉 https://selar.co/4f16676016
_______________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
