*Urges Courts To Prioritize Substantive Issues In Election Matters
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In a thought-provoking session at the NBA-SLP conference on the topic: Tyranny and Dictatorship of Election Petition: Where is Justice?, Mazi Afam Osigwe, SAN sparked a compelling dialogue on the topic of the tyranny and dictatorship of election petitions, questioning the presence of justice within the system. The conference, attended by legal professionals and experts, shed light on the challenges faced in electoral contestations and the urgent need for reforms.
The Learned Silk while opening the conversation emphasized that a significant number of electoral disputes find their way to the courts. However, concerns were raised regarding the approach taken by judges, who often prioritize technicalities over substantive issues. This approach has led to a growing impression that individual votes hold little significance and that corruption has permeated the electoral process.
He further highlighted the prevalence of contradictory judgments, undermining the credibility of the judicial system. The need for fairness and the alignment of court decisions with the principles of justice were emphasized as essential aspects of a democratic society.
One notable issue he raised during the session was the posting of judges outside their jurisdiction to preside over election-related cases. Such practices have been known to contribute to a lack of expertise and understanding of local dynamics, leading to outcomes that may be perceived as unjust.
Additionally, he noted that many instances of misconduct and disrepute within the legal profession originate from election matters. The need to address these issues was underscored alongside efforts to amend laws and enhance electoral powers.
Another crucial aspect of the discussion focused on the often overlooked Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN). He stressed the importance of considering this chapter, which highlights fundamental objectives and directive principles of state policy. By paying more attention to Chapter 2, he advocated for a more holistic approach to electoral reforms that encompass not only legal amendments but also broader societal principles.
In conclusion, the NBA-SLP conference served as a platform to critically examine the state of justice within the electoral process and to call for comprehensive reforms.
The Learned Silk underscored the importance of fair and just court decisions that move away from technicalities and reflect the ideals of justice. The need to ensure the appropriate assignment of judges and to address issues that bring disrepute to the legal profession was also emphasized. By shedding light on these concerns, he believes will pave the way for a more transparent and equitable electoral system that upholds democratic values.
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