Chief Justice To Judges: Don’t Be Used To Truncate Democracy

Chief Justice of Nigeria, Mahmud Mohammed

Chief Justice of Nigeria (CJN) Mahmud Mohammed talked tough yesterday. He warned judges and judicial officers against being used to truncate democracy.

Justice Mohammed spoke against the background of various suits hurriedly filed by politicians or those being used by them to stop the February 14 and 28 elections or prevent candidates from contesting after being cleared by the Independent National Electoral Commission (INEC).

Many watchers of the political scene believe that the judiciary is about to be used to truncate the elections like it was during the 1993 presidential election, The Nation reports.

Justice Bassey Ikpeme gave a nocturnal judgment stopping the elections, the basis of which the Gen. Ibrahim Babangida military regime said it annulled the polls. The crises that followed the cancellation of the poll, which was believed to have been won by the late Bashorun Moshood Abiola, almost consumed the country.

Justice Mohammed said: “Let me use this opportunity to sound a note of warning to all judicial officers.  Do not allow any political party or politician to compromise your integrity or your future.  We must never again be used as tools to truncate our nation’s democracy. I assure you that any judge found wanting would only have himself or herself to blame as the National Judicial Council will definitely not spare the rod in ensuring that the honour, respect and independence of the Judiciary is protected.”

He spoke during the inauguration of the 242 judges appointed to the tribunals that will sit on petitions arising from the general elections.

The CJN urged members of the tribunals to be guided by the law and their conscience. Besides, they should shun pressure from partisan interests.

The 242 judges, who were sworn in yesterday during a brief ceremony at the Supreme Court, Abuja, were selected from various superior courts of record across the country. They include chairmen and members of the tribunals, who will handle disputes arising from the elections.

Justice Mohammed said the decision to inaugurate the tribunal members before the polls was in accordance with the provision of Section 133 (3) (a) & (b) of the Electoral Act 2010, requiring that election petitions tribunals must be established 14 days prior to the elections, and that  the secretariat of the tribunals must be opened seven days before elections.

He urged the judges to refrain from undue reliance on technicalities, but to be driven solely by the urge to do justice. He warned that those found wanting would be penalized by the National Judicial Council (NJC).

He reminded them that their assignment would “be very laborious” and that they would “likely to be overstretched in the handling of election matters”.

Justice Mohammed also reminded the tribunal members that “praises and condemnations will be meted out to you in the course of discharging your duties.  Unfortunately, some of the condemnations will come from our partners in the temple of justice (the Bar).  However, I urge you not to be deterred by the uncomplimentary comments of some politicians and litigants anytime judgment is given against them.”

”As you start your assignment, I must re-iterate that while you are on the tribunals, you will be looked upon as the embodiment of this ideal of Justice.  To that end, you must be the dispensers of justice, regardless of fear or favour, position or standing.

“You must uphold the stability of this democracy by stamping the hallmark of legality on the conduct of our nation’s elections as it is through your eyes that Justice perceives a wrong that must be made right.

“Since you all do not have the luxury of time in the discharge of your duties, I urge you all to be pedantic in your deliberations but do not allow ‘red- herring’ technicalities to distract you from the path of justice.  You must listen attentively, and enquire appropriately, taking care not to descend into the arena.

“In addition, it is crucial that you consider all the evidence before you carefully, deliberate conscientiously, and adjudicate swiftly and justly as not only you but the entire Judiciary will also be on trial.  Posterity will judge you on the words that you utter in judgment and my sincere prayer is that we will all not be judged harshly by history,” the CJN said.