Nullification Of S.84(12) Of Electoral Act: NBA President, Akpata Urges Lawyers And Nigerians To Refrain From Derogatory Comments Against FHC Judge

*Says NBA To Obtain Certified Copy Of Judgement And Take Appropriate Action

The President of the Nigerian Bar Association, Olumide Akpata has responded to the controversy surrounding the recent judgement of a Federal High Court sitting in Umuahia nullifying the highly debated Section 84(12) of the Electoral Act, 2022 and instructing the Attorney General of the Federation to delete the said section.

In a statement issued on Tuesday, 21st of March, 2022 and made available to TheNigeriaLawyer, the NBA President urged lawyers and the general Nigerian populace to desist from using intemperate words while commenting on the judgement.

He reiterated that the Rules of Professional Conduct enjoins lawyers to treat the courts and Judges with respect and frowned at a situation where lawyers employ derogatory words against a Court’s judgement.

Part of the statement reads; “The NBA wishes to call on Nigerians and especially legal practitioners, to refrain from employing intemperate language to characterise Judgements and/or Judges of our Courts.

The Rules of Professional Conduct and the ethics that regulate our profession enjoin us to treat our Courts and Judges with utmost respect. We must reiterate that are legal and constitutional avenues to challenge unfavourable judgements and lawyers and indeed the generality of Nigerians are therefore enjoined to explore these avenues rather than resorting to unwarranted and counterproductive attacks on Judges and the Judiciary.”

The Bar President further urged courts in Nigeria to always apply the law appropriately and have regard for justice when delivering judgements in order to prevent a situation where people lose confidence in the judiciary.

He noted; “Nonetheless, the NBA must emphatically state that all Courts in Nigeria must act in accordance with the dictates of the law and having regard to justice in order to forestall a situation of breakdown of law and order which is certain to occur when the generality of Nigerians ultimately lose confidence in the court system”.

According to the statement, the NBA has noted rife complaints about the judgement and its consequences with respect to the controversial S.84(12) of the amended Electoral Act, 2022.

He also noted the blistering speed with which the case was concluded stating that justice rushed is justice crushed and the judiciary must establish a balance between speedy dispensation of justice and allowing time for thoroughly conduct trials.

“While it is true that justice delayed is justice denied, and that we have long complained about the delays that ordinary litigants face in the determination of their rights and obligations before our courts, it is also correct that justice rushed is justice crushed, especially in a public interest case such as the case in issue. The utopian balance between these twin constraints continues to occupy the attention of stakeholders in the administration of justice.

He concluded that the NBA will apply for the certified true copies of the judgement, the process filed, and the record of proceedings in the case, from the Federal High Court, Umuahia and thereafter decide on the next appropriate steps.