CJN, Judiciary And 2015 Elections

The Chief Judge of Nigeria (CJN),
Justice Mahmoud Mohammed has
for the umpteenth time advised judges against being used to truncate the democratic process in Nigeria. But why the judiciary will continue to contradict themselves and shame the country remains a mystery.
Swearing in 242 Chairmen and members of the Election Tribunals at the Supreme Court Complex recently, Justice Mohammed warned judicial officers not to allow themselves to be used by any political party or politicians to compromise their duties to the detriment of their integrity and future.
As expected, the CJN made it clear that the National Judicial Council (NJC) under his watch would not hesitate to sanction any judge who allows himself or herself to be influenced by any interest other than what is to serve justice.
His words: “We must never again be used as tools to truncate our nation’s democracy. The NJC will definitely not spare the rod in ensuring that the honour, respect and independence of the judiciary is protected.”
The CJN urged the judges not to be deterred by the uncomplimentary comments of some politicians and litigants anytime judgment is given against them.
The Tide commends the effort of the CJN in this respect and expects that the fight was followed to its logical conclusion and not given a mere lip-service. Indeed, the recent order by a judge for INEC to register a new political party at this critical stage of the electioneering is to say the least troubling.
History is replete with facts on how some persons had used the judiciary to detract from the beauty of democracy. Apart from counter orders over electoral matters, a lot of cases have been allowed to linger for too long.
It is common knowledge that the law is an ass, but the judges are not. They are known to interpret the law with the weight of common sense and understanding of public good and good conscience and not by the letters of the law only that profit very little.
We hope the judges will at this period of our nation’s democracy begin to ensure quick dispensation of matters, particularly those matters that have to do with elections. They should commit themselves to the strict observance of sections 134 and 134(2) of the Electoral Act 2010 as amended, which provides for filing, hearing and determination of election petitions, within stipulated period of time.
Judges should not forget that as public servants and priests in the temple of justice, they should not be partisan. Those who can no longer be trusted to midwife electoral justice because of their sympathy for political parties should not be allowed to handle political matters.
On their part, the authorities responsible for the provision of logistics for the smooth function of the judges should live up to expectation by ensuring that tribunal members are not encumbered in carrying out the national assignment.
Also, we expect the NJC, the CJN and other regulatory bodies to increase efforts at sensitising the judiciary and dealing with erring judges. Until that was done very effectively, the judiciary will continue to pretend to be having the last say on who governs the people.
Experience has shown that many Nigerians are bad losers and would contest every election result with the hope of using available technicalities and willing judges to upturn the true wishes of the people. This, the judiciary must not forget as they contribute to the electoral system.
For the avoidance of doubt, any action by the judiciary or any other authority to decide who leads the people will not be accepted. The valid position is for the people to elect their leaders and not the judiciary to do so. The judiciary is only valid in this situation when it is able to see the true wishes of the people and not technicalities and partisan interest.