Politics
Election Litigations Straining Judiciary, Undermining Electoral Process – Senator Jibrin
Though the 2023 elections marked a significant improvement on previous polls, the spate of litigations emanating from the elections has strained the country’s judicial system and threatened to undermine the integrity of the electoral process.
This was the submission of the Deputy Senate President, Senator Barau Jibrin, at the ongoing national conference of the Supreme Council for Shari’ah in Nigeria (SCSN) being held at the National Mosque, Abuja, with the theme, ‘Matters arising from 2023 elections and associated socio-economic challenges’.
According to the Deputy Senate President, “The 2023 general elections, by most accounts, marked a significant improvement over previous polls. In Nigeria, reports indicate that many Nigerians successfully cast their ballots to elect their leaders across the country.
“However, the elections were not without hitches. One major issue arising from the elections is the spate of litigations challenging the outcomes.
“The litigations significantly strain the judicial system and threaten to undermine the integrity of the electoral process.”
Jibrin, who was represented at the event by his Chief of Staff, Professor Bashir Mohammed Fagge, lamented the situation whereby the Independent National Electoral Commission (INEC) allocated part of its budget for legal matters, including the cost of election tribunals and resolution of electoral disputes.
Moving forward, he said the National Assembly would review the country’s electoral legal framework “with a view to limiting frivolous lawsuits.
“The 10th Senate will consider proposals to increase requirements for filing election petitions, impose punitive costs for unmeritorious cases, and expand the time limit for determining petitions, among others,” he assured.
He added that the reforms would aim at ensuring that only genuine grievances proceed to tribunals while maintaining access to justice.
Meanwhile, the Deputy Senate President informed that the 10th Senate was aware of the current economic and security challenges facing Nigerians.
“To address these socio-economic challenges, we hope to develop a detailed roadmap to ensure that the legislature supports, promotes and oversees the strategic objectives of the President of the Federal Republic of Nigeria and Commander-In-Chief, Senator Bola Ahmed Tinubu’s Renewed Hope Agenda. A major thematic area of our agenda is “Economic Growth and Development,” Senator Jibrin said.
He assured that the National Assembly would support government policies and programmes targeted at alleviating poverty, economic restructuring and general social sector reform and development.
The senate, according to him, would focus on budgetary measures to stimulate economic growth, providing oversight on security agencies as well as supporting anti-corruption efforts of the executive.
“Specifically, we will work to expand new policies on social investment programmes, boost infrastructure spending, support MSMEs through access to finance and incentivize investments in agriculture and manufacturing.
“Additionally, we will monitor the deployment of security resources to frontline states and ensure accountability in the procurement of armaments for our troops. We will also fully exercise our confirmation and oversight powers in the fight against corruption,” he added.
While saying the senate understands the depth of Nigerians’ expectations for solutions, the Deputy Senate President assured that the Red Chamber of the National Assembly would vigorously engage with the executive, private sector and civil society groups to deliver socio-economic reforms that restore stability and launch Nigeria towards sustainable development.
The president made the assertion on Wednesday in Abuja during a news conference organised by the association ahead of the NBA Section on Legal Practice’s (NBA-SLP) annual conference.
According to Mr Osigwe, the problem in Rivers State was caused by the ego of the principal actors in refusing to sit down to find a solution that works for the people of Rivers.
“Blaming the Supreme Court or any other body will not solve the problem. If the actors had placed Rivers above their own personal interests and cared about the security and welfare of the people, we would not be where we are. It became an ego fight and an issue of who wins. So, ego is at the base of the problem in Rivers and not the Supreme Court.
“People get judgements from the court and still decide to go for an amicable solution, so it is not the judgement of the Supreme Court but the principal actors that are to be blamed,’’ Mr Osigwe said.
He added that while the NBA was not in a legal argument with the president, the association was of the view that some of the actions taken might not be supported by the constitution.
“We are of the opinion that Section 305 of the 1999 Constitution cannot be read in isolation from Section 11 of the same constitution. There have been killings in many states in Nigeria and much more breakdown of law and order than we have seen in Rivers but no state of emergency was declared in those states. We are of the view that the problem in Rivers can be solved by the principal actors swallowing their egos and putting the welfare and security of the people of Rivers above their personal interests.
“This declaration may not solve the problem in Rivers and it worries me that an administrator can be appointed and worse still, a retired military officer to administer the state. It is unconstitutional and should not be supported because we may be setting a dangerous precedence,’’ Mr Osigwe said.
Earlier, the Chairman of the Conference Planning Committee, Paul Harris Ogbole, (SAN), said that the theme for the 2025 NBA-SLP Conference was “Uncommon challenges in a rapidly changing legal environment.’’
Mr Ogbole said the conference aimed to explore the contemporary challenges evolving in the legal environment.
He said they would also explore the impact of global interconnectedness on legal systems, the growing demand for specialised legal services and provide insights into navigating the legal frontiers.
The conference will also highlight great opportunities for legal practitioners including the development of legal technological solutions, the expansion of alternative dispute resolution mechanisms and the increasing focus on access to justice and legal empowerment.
The conference will hold in Jos from April 24 to April 27.
The president also cited the destruction of pipelines by suspected militants as a contributing factor to the declaration.
However, Anabs Sara-Igbe, a chieftain of the Pan Niger Delta Forum, disagreed with the president’s action on the emergency rule.
He stated that all avenues for mediation should have been exhausted before resorting to an emergency rule.
“President Tinubu’s invocation of Section 305 of the Nigerian Constitution at this time is inappropriate. The president claims to have declared a state of emergency to restore peace, but the real question is: why is the FCT minister Nyesom Wike, the key figure in the crisis, not suspended?”, he queried.
Chief Sara-Igbe said the president’s suspension of Rivers’ elected officials from office was unconstitutional.
“Unlike in Sokoto, Borno, and other northern states, there is no war or loss of lives in Rivers that warrants the declaration of emergency rule in a peaceful state,’’ Chief Sara-Igbe explained.
He, however, accused the president of not being sincere with the people of Rivers State and had taken sides in the crisis through his actions and comments.
Ann-Kio Briggs, a prominent environmental and human rights activist, also decried President Tinubu’s justification for the emergency declaration, particularly his claim that Gov Fubara failed to brief him or condemn the pipeline explosions.
She stated that Gov Fubara had, on multiple occasions, informed the president of developments in the state.
“On March 11, PANDEF met with the president to brief him and seek his intervention; the group had also made efforts to mediate peace between Fubara and Wike,” Ms Briggs said, adding, “So, for President Tinubu to give the impression that no efforts were made to resolve the crises is misleading.”
Ms Briggs said the president’s reference to pipeline attacks as a basis for the state emergency was not convincing since pipelines had been vandalised for decades in Niger Delta without such drastic measures being taken.
She acknowledged that while the president had the power to declare a state of emergency, he did not have the constitutional authority to suspend an elected governor.
“This decision is hasty, rash, and premeditated, posing a grave threat to the people of the state; it is a targeted plot against Governor Fubara. It is unacceptable,” Ms Briggs added.
She also referenced Chief Wike’s past remarks on TV, where he allegedly claimed to have the capacity to sabotage pipelines, and questioned why the minister was not suspended.
“Why wasn’t the minister suspended, considering he is a major player in the crises and the one the 27 lawmakers take instructions from?” Ms Briggs noted.
Tonye Cole, the APC governorship candidate in the 2023 Rivers election, blamed all political actors involved.
“Today is a dark day in Rivers politics; the president had no choice but to step in to address the situation. I believe the president made some attempts to resolve the issues, but he did not push hard enough to bring the matter to a peaceful conclusion,” Mr Cole said.
The Tide source reports that two female members shouted at each other over the political crisis in the South-South State.
The two female lawmakers, Marie Ebikake (PDP, Bayelsa) and Blessing Amadi (PDP, Rivers), engaged in a shouting match on the constitutionality of the President’s decision to declare a state of emergency in Rivers State.
This happened before the commencement of the plenary.
It took the intervention of other lawmakers in the chamber to prevent the issue from snowballing into an uncontrollable situation.
Recall that President Bola Tinubu on Tuesday declared a state of emergency in Rivers State following the prolonged political crisis in the state.
The president also suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly for six months.
President Tinubu also nominated a former Chief Of Naval Staff, Vice-Admiral Ibok-Ete Ibas (retd), to administer the state.
Reacting, the spokesperson of the House of Representatives, Akin Rotimi, said President Tinubu informed the national assembly through a letter before the emergency proclamation.
Hon. Rotimi added that President Tinubu’s letter informing the House of his decision and seeking approval on the state of emergency in Rivers in line with section 305 of the Constitution had been transmitted to the green chamber and would be read during plenary on Wednesday for further legislative action.
He said President Tinubu met with the leadership of both chambers, and the National Security Adviser and Service Chiefs before the broadcast.
