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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
Senator Natasha Akpoti-Uduaghan has once again brought before the Senate a petition alleging sexual harassment from Senate President Godswill Akpabio. But this time, it was signed by her constituents.
During the plenary on Thursday, Senator Natasha was asked whether the matter was already before any court of law. But she said it was not. Following protocol, the lawmaker was directed to formally submit the petition, after which it was referred to the Senate Committee on Ethics, Privileges, and Code of Conduct for investigation.
The committee has been given four weeks to conduct its probe and report to the Senate.
This marks the second time the Kogi Central lawmaker has raised the allegation in the chamber. A previous petition was dismissed on Wednesday owing to procedural irregularities.
During the plenary on Thursday, Senator Natasha was asked whether the matter was already before any court of law. But she said it was not. Following protocol, the lawmaker was directed to formally submit the petition, after which it was referred to the Senate Committee on Ethics, Privileges, and Code of Conduct for investigation.
The committee has been given four weeks to conduct its probe and report to the Senate.
This marks the second time the Kogi Central lawmaker has raised the allegation in the chamber. A previous petition was dismissed on Wednesday owing to procedural irregularities.
Former Senate President, Bukola Saraki, has said that the senate is an institution that needs to be protected, not an individual.
This was revealed on his X handle on Saturday in the aftermath of the ongoing backlash of the allegation of sexual harassment made by Senator Natasha Akpoti-Uduaghan on Arise TV in an interview against Senate President, Godswill Apkabio.
Akpabio’s wife filed a lawsuit against Senator Natasha at the Federal Capital Territory High Court, Abuja over alleged defamation and violation of her husband’s fundamental human rights.
Saraki expressed sadness over the development as he stated that the incident is already hurting the integrity, sanctity, image and public perception of the Senate as an institution.
“I believe that every person who has had anything to do with the National Assembly, particularly as a leader, member and worker should always jealously protect these values which make the institution, the numero uno among the three arms of government,” he said.
Saraki urged the two parties to sheath their swords and warned that supporters of both parties should be mindful of the impacts of their actions.
He advised that the instruments of law and parliamentary conventions should be adhered to in resolving the issue on the ground. He also called for an investigation of the matter by the Senate Committee on Ethics.
“At this point, with the public claims made by the Senator, the right measure to take is to institute an open, transparent and honest investigation by the Committee on Ethics, Privileges and Public Petitions,” he said.
“Both parties must submit to the investigation, fully cooperate with the committee, and stake their claims before it. This is not the first time a Senate President would appear before the Committee to aid it in the conduct of a transparent and open investigation.
“For me, the institution of the Senate is so important, sacred, and pre-eminent. All lovers of democracy should always work to strengthen it. No leader or member should be allowed to openly or surreptitiously work to subvert its sanctity.”
Former Vice President Atiku Abubakar has called for a thorough and impartial investigation into the explosive allegations of sexual harassment, intimidation, and mistreatment levelled against Senate President Godswill Akpabio, by Senator Natasha Akpoti-Uduaghan.
In a statement shared on his official Twitter handle on Friday, Atiku stressed that the gravity of these claims demands immediate and transparent action.
“Like millions of Nigerians, I watched with deep concern this morning as Senator Natasha Akpoti-Uduaghan raised serious allegations of sexual harassment, intimidation, and mistreatment against the Senate President, Godswill Akpabio,” Atiku said.
He talked about the need for a credible investigation to protect the integrity of the Nigerian Senate and uphold the values of justice and accountability.
“These allegations are grave and deserve a thorough, impartial, and transparent investigation,” he stated.
Atiku reminded Nigerians that the Senate, as the legislative arm of government, represents the people’s voice.
“For that reason, its leaders must embody integrity and respect for the offices they hold.
“As the third most powerful figure in the country, the Senate President should embody unimpeachable character,” he added.
Beyond the political implications, Atiku highlighted the far-reaching impact of sexual harassment on women’s participation in governance and national development.
“Sexual harassment in the workplace is a significant barrier to women’s advancement and, by extension, the nation’s progress. Allegations of such misconduct should never be simply dismissed, particularly when they involve a public officer with immense power, influence, and responsibility,” he said.
Atiku warned that how this case is handled will send a strong message about Nigeria’s commitment to justice, fairness, and gender equality.
The former VP also pointed out the urgent need to create a safe and supportive environment for female legislators, especially given their underrepresentation in the Senate.
“With only four women currently serving in the Senate, it is imperative that we foster an environment where female legislators can serve without fear of harassment or intimidation,” he said.
The allegations by Akpoti-Uduaghan have sparked widespread reactions across the country, with civil society organizations and gender rights advocates demanding swift and decisive action.
