During my formative years, I learn that the judiciary is the last hope of a common man. Today, if you ask me, I would tell you the reverse is the case as judiciary is now the hope of the rich or highest bidder. It is now for those who have money. Corruption is the only language some judges understand. I recall vividly, during a public lecture to mark the 2021 Law week in Oyo state, Prof Attahiru Jega, former INEC chairman said; “corrupt judges are usually drafted in election petition cases where they trade judgement to the highest bidder”. He went further to stress that many judges have become notorious for corrupt enrichment for “cash & carry judgment especially in election matters generally and in election tribunals more specifically”.
As we delve deeper into the inconsistencies witnessed in the Kogi governorship case, comparing that of Bayelsa, it has becomes increasingly apparent that the Nigerian judiciary, most especially, the Supreme Court, must address the susceptibility to external influences, and save Nigeria democracy. In the Kogi SDP Vs APC case, the election petition tribunal, despite the presence of compelling BVAS evidences displayed openly in court, on order of the court, demonstrated by an INEC staff, which exposes a clear discrepancies between the number of accredited voters and the final results in all the polling units in contention, presentation of certified true copies of all documents, and forensic evidences, the tribunal went ahead to dismissed it on the grounds of “not proving beyond reasonable doubt”, and upheld the election of the APC gubernatorial candidate. Disappointingly, the appeal court, upheld same, without looking deeply into facts presented before it for review.
In the Bayelsa APC Vs PDP case, the tribunal judgement and its affirmation by the Appeal Court in favor of the PDP, on the basis of missing Bimodal Voter Accreditation System (BVAS) evidence, amongst others, which the appellant did not produce credibly enough to prove over-voting, appears to set a precedent for the importance of BVAS in the electoral process. Do not forget, The BVAS system was introduced by the Independent National Electoral Commission (INEC) as a means to ensure transparency and accountability in the voting process, and the court’s decision to prioritize this technology was initially lauded as a step forward for democracy in Nigeria.
This seemingly contradictory outcomes of these two cases and the implications for the future of the Nigerian justice system is indicative of a larger issue of selective justice, corruption and political interference within the judicial system. In one case, it was dismissed for lack of evidence; while the other, had enough, detailed reports and forensic evidence, but the court apparently reluctant to engage with these evidences. This call into question the courts competence and its willingness to thoroughly stand by justice,and maintain public confidence in its ability to deliver impartial and well-reasoned judgement.
While this cases are being appeal at the Supreme Court, it is necessary to advocates for commitment to transparency and impartiality within the Nigerian judiciary. Most cases with such nature has been overturned by the Supreme Court; the Kogi SDP Vs APC case have cast a spotlight on the challenges facing the Nigerian judiciary. While the outcomes of these cases have been disappointing for many observers, they also serve as a reminder of the ongoing need for reform and the importance of maintaining an independent and impartial judicial system.
It is crucial that Nigeria’s leaders and legal professionals work together to address these issues and ensure that the principle of justice remains at the heart of the nation’s judicial system. Corrupt judges must be held accountable for their decisions, and prioritizing the thorough examination of all relevant evidence in each case.
It is also essential that the judiciary actively engages with civil society and other stakeholders to identify areas for reform and develop strategies for addressing the systemic challenges facing the Nigerian legal system.
Prince TIJANI DAUDA writes from Lokoja, Kogi State.