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Opinion: Judiciary in the Dock
By Sehinde Omoniyi
“Somewhere along the way, the balance of power between the prosecution, the defense and the judiciary shifted. We have to readjust it. The stakes are so high – the well-being of so many communities and the trajectories of so many lives, public safety depends on our collective faith in fairness and our view of the law as legitimate” – Emily Bazelon
Over the last few years, the Nigerian judiciary has been perceived as the weeping child of the three arms of government. Whether correctly or otherwise, the common truth is that the man on the street thinks something is fundamentally wrong with the judicial system in Nigeria. This perception places a huge moral burden on the judiciary in this dispensation, and in going forward.
For the first time in the history of Nigeria, judges’ homes were invaded, many top judicial officers are facing trial, and at the height of it all, a sitting Chief Justice was made subject of a public ridicule and in the end, Justice Walter Onnoghen is recorded as the first Chief Justice of Nigeria to be forced out of office on allegations of corruption.
To put it mildly, the integrity of the judiciary in Nigeria has never been this subjected to scrutiny and odium. To compound the problem of the judiciary, the narrow-minded verdict of the Supreme Court in the now celebrated case of the Osun State Governorship Election between Adeleke v Oyetola, seem to have further widened the gulf of trust between the people and the judiciary.
However, the 2019 Presidential Election Tribunal presents another presents another opportunity to the judiciary, to rediscover itself.
Since March, the Tribunal has been fed with tons of evidence on what happened and did not happen by both parties – People’s Democratic Party (PDP) and its Presidential candidate Atiku Abubakar who is seeking the court’s confirmation of himself as the winner and (or) disqualify candidate of the All Progressives Congress (APC) President Muhammadu Buhari. Aside the APC and President Buhari, the other respondent is the Independent National Electoral Commission (INEC) whose conduct of that election has been severally lampooned.
For those who may not have followed the proceedings athe Tribunal, it is important to note that the Petitioner has argued that:
i) The 2nd Respondent (Muhammadu Buhari), was not duly elected by majority of lawful votes cast at the February 23, 2019 Presidential Election.
ii) The election of Muhammadu Buhari is invalid by reason of corrupt practices
iii) The election of Muhammadu Buhari is invalid by reason of non- compliance with the provision of the Electoral Act 2010 (as amended)
iv) Muhammadu Buhari was at the time of the election not qualified to contest the said election, and
v) The 2nd Respondent (Muhammadu Buhari) submitted to INEC an affidavit containing false information of a fundamental nature in aid of his qualification for the said election.
Indeed, in the history of election petitions since Nigeria’s democracy, the amount of witnesses and documented evidence presented by the petitioner including expert witness, has not been recorded.
In a matter of hours, the five-man Appeal Court Judges would be expected to deliver their verdict based on the evidences brought by them. Their task is one which stands to make or mare the judiciary.
Political grandstanding notwithstanding, intimidations from the gladiators and their agents notwithstanding, upon the shoulders of these five judges stands the hope and future of the Nigerian judiciary.
The options before these judges are clear. They either choose to stand by truth supported by evidences presented before them or they may adopt the new albatross of the Nigerian judiciary called technicality and pass over the burden of facing the facts as they are. Whichever way they choose t go, it is a deeper battle of them and their conscience, and the future of the country.
And as stated above by journalist and legal researcher, Emily Bazelon, the judges as the Tribunal owe the legal profession, to Nigerians and humanity in general to display justice and fairness. The judiciary obviously needs a readjustment. “The well-being of so many communities and the trajectories of so many lives, public safety depends on our collective faith in fairness and our view of the law as legitimate”, Emily is not alone in this thought.
The world attention in this coming days is riveted on the Nigerian judiciary, the decision or indecision of the five-man appeal tribunal is sacrosanct.
Sehinde Omooniyi is a Socio-Political writer based in Abuja
The first hostages freed from Gaza under a long-awaited ceasefire agreement are back in Israel. The news sparked jubilant scenes in Tel Aviv where large crowds gathered ahead of their release.
The three freed Israeli hostages – the first of 33 to be released over the next six weeks – are Romi Gonen, Doron Steinbrecher and Emily Damari. They are said to be in good health and are receiving treatment at a medical center in Tel Aviv.
In exchange, 90 Palestinian prisoners and detainees are set to be released by Israel from Ofer Prison in the occupied West Bank.
The Israeli military withdrew from several locations in southern and northern Gaza after the truce began earlier on Sunday, an Israeli military official told CNN.
Displaced Gazans have started returning to their homes, while the aid trucks laden with much-needed supplies have crossed into Gaza. Here’s what we know about how the ceasefire deal will work.
Hamas, despite suffering devastating losses, is framing the Gaza ceasefire agreement as a victory for itself, and a failure for Israel.
One of Hamas’ main goals for taking some 250 people during its brazen October 7, 2023, attack on Israel was to secure the release of Palestinian prisoners held in Israeli jails. As Israel pounded Gaza in response, Hamas vowed not to return the hostages until Israel withdrew its forces from the enclave, permanently ended the war, and allowed for rebuilding.
Source: CNN
The leader of UK’s Conservative Party, Kemi Badenoch, has said she doesn’t want Britain to be like Nigeria that is plagued by “terrible governments.”
Speaking on Thursday at an event organised by Onward, a British think tank producing research on economic and social issues, Badenoch expressed fears that Britain may become like Nigeria if the system is not reformed.
“And why does this matter so much to me? It’s because I know what it is like to have something and then to lose it,” Badenoch told the audience.
“I don’t want Britain to lose what it has.
“I grew up in a poor country and watched my relatively wealthy family become poorer and poorer, despite working harder and harder as their money disappeared with inflation.
“I came back to the UK aged 16 with my father’s last £100 in the hope of a better life.
“So I have lived with the consequences of terrible governments that destroy lives, and I never, ever want it to happen here.”
Badenoch has been in the news of late after she dissociated herself from Nigeria, saying she has nothing to do with the Islamic northern region.
She also accused the Nigeria Police of robbing citizens instead of protecting them.
She said: “My experience with the Nigeria Police was very negative. Coming to the UK, my experience with the British Police was very positive.
“The police in Nigeria will rob us (laughter). When people say I have this bad experience with the police because I’m black, I say well…I remember the police stole my brother’s shoe and his watch.”
