Nigerians Now Look Up To The Judiciary To Uphold The Rule Of Law In The Electoral Process — Okutepa, SAN

*Says Institutions With Duty To Uphold Democratic Practices Have Chosen To Desecrate Extant Laws
*Urges The Judiciary To Disapprove Of Emergence Of Winners From Barbaric Elections

A Senior Advocate of Nigeria, J.S. Okutepa has said that the hopes of Nigerians now rest on the Judiciary following infractions which trailed the just concluded Presidential and National Assembly elections.

Okutepa said this in a statement made available to TheNigeriaLawyer and tasked the Judiciary to be above board in the forthcoming electoral adjudication.

According to him, the just concluded elections show that institutions charged with discharging democratic duties and responsibilities in Nigeria prefer to do things contrary to law.

“The on going 2023 general elections in Nigeria, once again has clearly demonstrated that in Nigeria institutions charged with duties and responsibilities to do the right things for democratic growth and development preferred to do things contrary to the law, the rules and regulations governing conduct of the elections.

Many who participated in the elections as observers or voters have one form of bad experience to relay to us. The mass media and social media are awash with the stories of atrocities against the Nigerian people who have been denied the power to do what they wanted to do.

As it is with everything the hopes of the people are now in the judiciary who have constitutional roles to play in the determination of the electoral disputes. Many have openly expressed frustrations that nothing good will come even from the judiciary. As a strong believer in the integrity and impartiality of our judiciary institutions I have hope that our judiciary are not deaf and dumb not to appreciate the need to ensure that the rights things are done. The facts of rascalities of our political actors are too notorious to be ignored by our judiciary.”

He further noted that the primary duty of the judiciary is to interpret the law and not to dabble into political partisanship in the consideration of matters before them.

“I believe that as a nation the judiciary is the light that must shine in darkness and not allow darkness to overcome it in its constitutional role of adjudication.

Nigerian judiciary must be ready to do what it is set up to do in deepen democracy given the ongoing controversies trailing the conduct of 2023 general elections. Many have cast doubts on the capacity of the judiciary to be above board given, many controversies that attended to some decisions in some political cases in recent past.”

The Learned Silk further stressed that our electoral jurisprudence needs to be looked deeply into by our judiciary. According to him, the old orders and some archaic precedents and principles that put road blocks to democratic growth and development must be departed from and new set of rules to guide the political behaviors of our political class must be set.

He said, “The innovations introduced by the BVAS accreditation and uploading of elections results at the polling units to ensure transparent democratic processes must be given the correct interpretation to ensure the sanctity of our democratic sanity. Electronic evidence in section 84 of the Evidence Act and the use of Technology must be give prominent pride of place to avoid old and analogue requirements of calling polling units by polling units evidence in proof of electoral malpractices.

Nigerian judiciary must move from the analogue jurisprudence to digital jurisprudence where the use of technological devices to resolve electoral disputes are welcome and deeply encouraged. No one needs to be physically in Zamfara to see what goes on in Zamfara given the abilities of our technological devices that has made the world a global village.”

He continued, “This is the time the oaths of office of Nigerian judges should be held sacrosanct. The image of the judiciary is on trial in the eyes of reasonable men and women in Nigeria. The Nigerian judiciary must not disappoint the nation. The judiciary cannot continue to approve deliberate breaches of our rules and regulations in elections on the platform of substantial compliance.”

Okutepa also suggested that in electoral litigation, any substantial compliance with faulty foundations should not be treated as substantial compliance. He noted, “After all if the foundation be destroyed what can be righteously built on it to produce the principle of substantial compliance.

The judiciary must be ready to order the demolition of superstructure erected on faulty foundations to produce winners in the ongoing elections in Nigeria to instill political sanity in our political system and democratic growth.”

“No court worth it’s salts should approve barbaric conduct that produced winners of elections in democracy on the principle of substantial compliance.

That will continue to encourage bringadage and hooliganism as parts of Nigerian brand of democracy. Our courts must resist the temptations of encouraging the continued use of thuggery as parts of Nigerian democratic culture and values. Nigerians must not be seen as primitive in the comity of democratic nations” he concluded.