In a recent interview on Arise Television, prominent constitutional lawyer Daniel Bwala voiced concerns about the Court of Appeal’s decision on the Plateau State elections. Bwala highlighted that this decision challenges the authority of the Supreme Court as the final arbiter of legal disputes in the country.
Bwala pointed out a notable inconsistency in the Court of Appeal’s actions, citing its dismissal of pre-election matters in deference to the Supreme Court in cases from Benue, Ebonyi, and other jurisdictions, while subsequently asserting jurisdiction over the issue in Plateau State.
Expressing his apprehension, Bwala stated, “The case of Plateau State, when it reaches the Supreme Court, will essentially become a showdown between the Supreme Court and the Court of Appeal. This has significant implications for the sanctity and integrity of the Supreme Court itself, as it will need to reaffirm whether its judgments, especially those from the Presidential Election Tribunal, should be upheld by subordinate courts in Nigeria.”
He elaborated on the concept of settled law, emphasizing that decisions made by the final court carry substantial weight. Bwala stressed, “The Supreme Court will have to determine whether the Court of Appeal is superior to it or vice versa.”
Bwala also raised concerns about the impact of these developments on public confidence in the judiciary, highlighting the need for consistency in upholding legal judgments across different regions. He questioned the divergence in the handling of pre-election matters by the Court of Appeal in Plateau State compared to its approach in other states.
Reflecting on historical judicial practices, Bwala recalled, “In the era of Justice Tobi, the Supreme Court consistently reproached lower courts for disregarding its judgments.” He expressed keen interest in observing whether the Supreme Court would maintain the same assertiveness in the current scenario.
As the legal fraternity closely monitors these developments, the implications of this dispute on the broader landscape of Nigerian jurisprudence remain a subject of intense scrutiny and debate.
