REMEDIES OR REDRESS FOR TAKING THE MANY IMPEDIMENTS OR OBSTACLES IN

DEALING WITH ELECTION PETITION MATTERS: Paper Presented at a Symposium Organized by Mustapha Akanbi Foundation on 21st July, 2010 at Sheraton Hotel, Abuja

by Yusuf O. Ali Esq; SAN

INTRODUCTIONThe subject of the conduct of election and the mechanism for the resolution of disputes that arose therefrom are central to the sustenance

of democratic governance.

It is therefore not surprising that all stakeholders in the democratic process especially in a fledgeling democracy like Nigeria, are not only passionate about the electoral process but are equally deeply concerned about how disputes arising from the electoral process are settled.

Election disputes are not alien to our democratic experience. The resolution of these disputes is now a part of our attempt at democratic governance. A cursory look at the law reports

from 1959 to date will reveal the extent, level and the pervading nature of the electoral disputes that normally greeted our elections.

As a result of the above, we have built a large body of election dispute resolution jurisprudence. While it may be commendable that the large number of election petitions show the faith of our people in the judicial process, the converse may well be true that we do not have a culture of accepting defeat in electoral context.

The topic of this discussion “Remedies or Redress for Tackling the many Impediments or Obstacles in dealing with Election Petition Matters” is not only timely but apposite. This is July, 2010, our courts are still grappling with some of the Election Petitions and some other election cases that came about as a result of the General Elections 2007. The topic as couched has settled the issue of whether or not there are impediments or obstacles in dealing with election petition matters. The paper postulates that those impediments and or obstacles are real. That is true. The topic also assumes that there are solutions, remedies or

redress to this obstacles. That is also correct.

I have decided to present a practical paper rather than sterile theory of the topic under discussion.

I believe that we have heard enough theories about the topic. I will therefore do bullet point presentation of the impediments or obstacles and the remedies or redress.

IMPEDIMENTS OR OBSTACLES IN DEALING WITH ELECTION PETITIONS.

They have various heads:

1. The Judex

a) Knowledge

b) Corruption

c) Control of Court

d) Multiple membership of Court

e) Political interest

f) Adherence to undue technicalities

g) Abuse of judicial powers.

2. Legal Practitioners;

a. Competence.

b. Load of work.

c. Knowledge.

d. Sharp practice.

e. Unfounded Allegations against the Judex and Colleagues.

f. Lack of Candour in advising Clients.

g. Abuse of Interlocutory Proceedings,

h. Adjournments.

i. Adherence to undue technicalities.

4. Litigants;a. Corruption.b. Winning at all Cost.c. Suppression of Facts.d. Interference with the judicial process.e. Lack of faith in the judicial process.f. Winner-takes-all.

4. Ordinary People/Witnessesa. Lack of courage.b. Suppression of truthc. Violence at Elections.

5. Law Enforcement Agentsa. Unnecessary Partisanship.b. Lack of proper training in Electoral mattersc. Lack of patriotismd. Corruptione. Pervasion of due process.

6. Government in Power/People in Governmenta. Subterranean attempt to compromise the

judiciary.b. Impunity/might is rightc. Corruption

7. THE ELECTORAL BODY

1. Incompetence

2. Lack of transparency

3. Corruption

4. Particanship

5. Logistic inadequacies

6. Lack of independence

7. Lack of integrity

1. REMEDIES OR REDRESS TO TACKLE THE MENACE

2. General re-orientation of all the stakeholders.3. Progressive reforms of our electoral and penal

laws.4. Change of attitude by legal practitioners.5. Special training for judges that will take part in

election matters.6. Special training for security agents.7. Reduction of money influence in our electoral

process.8. Politicians should learn the virtue of

acceptance of defeat.

8. Sincerity by Government of the day and people.9. Automation of the judicial process.10. Provision of basic infrastructures for the judiciary.11. More effective procedure for dealing with erring judges.12. Need to reform the legal Practitioners Act and expand

the scope of what amounts to misconduct in professional respect.

CONCLUSIONThe identified obstacles or impediments and the redress or remedies are not by any means

• Exhaustive, the will power to make the system work by all the stakeholders is the sign post for success.

• Thank you.