A highly respected retired Justice of the Court of Appeal, Professor Mojeed Owoade, has called for the implementation of a one-time final adjudication process for election petitions in Nigeria. This progressive move aims to reduce the burden on the court system, minimize costs, and enhance the quality of resolution in electoral disputes.
As part of crucial structural and procedural reforms to the constitution and electoral laws, the distinguished law professor proposes that once election petitions have been justly adjudicated by serving Justices of the Supreme Court, Court of Appeal, and High Court Judges, they should be terminated at the tribunal level. In order to ensure accountability, Justice Owoade suggests that only serving justices of these esteemed courts, who are subject to the watchful eye of the National Judicial Council (NJC) for disciplinary action, should be responsible for adjudicating election petition matters.
These views were expressed during the National Convergence on Citizens’ Led Engagement on Judicial Accountability in Post Election Justice Delivery in Nigeria, a thought-provoking event organized by the Civil Society Organization, Actionaid.
To enhance the adjudication process for Presidential Election Petitions, Justice Owoade recommends the formation of a 7-member panel. This panel should comprise three serving Justices of the Supreme Court, supported by two Justices of the Court of Appeal and two High Court Judges.
For Governorship Election Petitions, the esteemed Justice suggests a panel of 5 judicial officers. This panel should consist of two Supreme Court Justices, two Justices of the Court of Appeal, and one High Court Judge.
In the case of Senate petitions, he proposes the formation of a panel comprising three Court of Appeal Justices and two High Court Judges.
Regarding petitions arising from House of Representatives elections, Justice Owoade recommends a panel consisting of two Court of Appeal Justices and three High Court Judges.
Presenting his applauded paper, the esteemed Justice stated, “I suggest the elimination of all systems of appeals in the adjudication of pre-election and election matters. I recommend the establishment of a single tribunal to handle all categories of election-related cases, without further recourse to any other court in the hierarchy of courts.”
He further proposed that members of the Election Petition Tribunals be appointed by the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, in consultation with three to four serving Chief Judges who are already members of the National Judicial Council (NJC).
The esteemed Justice underlined the importance of having serving judicial officers handle election and election-related matters, rather than retired judicial officers. He emphasized that serving officers are subject to the oversight of the National Judicial Council, which exercises supervisory and disciplinary powers over them.
He added, “It is widely agreed that a free and fair election requires a judiciary that is impartial, independent, and efficient in adjudication. This entails a non-partisan and truly independent judiciary composed of individuals of integrity and expertise, capable of upholding the rule of law.”
