by Uchechukwu Okoroafor, Abuja
The Nigerian Bar Association (NBA) recently called for the live broadcasts of court hearings on election petitions across the country, particularly the presidential election cases. The NBA made the call in a communique issued at the end of its National Executive Committee (NEC) meeting held in Birnin-Kebbi, Kebbi State, on 23 March.
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The communique jointly signed by the NBA president, Yakubu Maikyau, and its general secretary, Adesina Adegbite, said with the confidence of Nigerians in the judiciary at its lowest ebb, broadcasting the hearings of election petitions live would help to regain lost public trust.
“In view of the fact that public perception of the judiciary plays a key role in the public acceptance of its decisions, and to help boost the confidence of the public in the judiciary, which is currently at an all-time low, NEC, upon the proposal by the President, unanimously passes the resolution calling for live broadcast of the proceedings of the election petition courts and tribunals, particularly for the presidential election, by volunteering media houses,” the communique reads in part.
First among the first set of aggrieved contestants to approach the court were the presidential candidates of the Peoples Democratic Party (PDP), Atiku Abubakar, and Labour Party, Peter Obi. They are both displeased with the outcome of the 25th February presidential election which the Independent National Electoral Commission (INEC) declared was won by Bola Tinubu of the All Progressives Congress (APC). The petitioners alleged that the election was marred by widespread irregularities, including delay in uploading the polling units results with the Bimodal Verification and Accreditation System (BVAS) to INEC server. But they have both called on the Presidential Election Petition Court in Abuja to declare them the winners of the election, or cancel it outright to pave the way for a fresh poll.
The aftermath of the elections has been the subject of controversy regarding compliance with the Electoral Act as to electronic transmission of results among other issues. There was a consensus among observers that the election was flawed. The NBA president noted that a live telecast is in the interest of the people of Nigeria. Section 36 (1) and (3) of the Constitution of the Federal Republic of Nigeria provides those judicial proceedings should be conducted in public. According to him, “Providing public access to the proceedings would meet the aspirations of the public to participate in the process.”
Also, human rights lawyer Femi Falana (SAN) has backed calls for the televising of the presidential election tribunal proceedings. He made the comment while fielding questions on Channels Television following calls by the Nigerian Bar Association for the proceedings of the tribunal to be aired live. Such a move, Falana concurred, will put the judiciary in good light and make the process transparent. “I have always campaigned for that and that is the trend in Africa. In Ghana and Kenya, the proceedings are televised because judges should have nothing to hide. They should invite the media and the members of the public,” he said. “Once there is order in the court, everybody should be part of it. We are all part of the election and so the decision of the court on the election should not be shrouded in secrecy.” While reiterating that televising the proceedings will enhance judicial credibility, he believes such a suggestion deserves attention from the authorities. “It is in the interest of our judges, and the public. And again, it enhances the credibility of the judiciary,” Falana added. “I am very sure that the suggestion will be seriously considered.”
It is difficult to fault the fact that Nigeria’s judiciary has lost the confidence of many Nigerians as attested by the NBA, who as major stakeholder in the judiciary was speaking from informed position.
This was also reinforced by Mr. Olisa Agbakoba, SAN and former president of NBA who told Channels Television in an interview that recent decisions of the courts have not reflected what may be called reasonable adjudication of political matters. “I’ve lost a bit of confidence in what the courts have been doing lately. There was a time you could say, on the facts and the law, this is the likely outcome. Today you cannot, because there’s been all kinds of silly decisions,” he said. The senior lawyer referenced a shocking decision of the Supreme Court which affirmed Senate President Ahmed Lawan as the valid candidate of the All Progressives Congress (APC) in his senatorial district even though he did not contest the primaries, and rather hijacked the candidacy from the winner of the primaries, Bashir Machina. “That is the most ridiculous decision I’ve ever heard that the Supreme Court has delivered,” he said. “I don’t have the sort of confidence that I use to have in the judiciary and I will not be surprised if this thing goes one way or the other. I cannot forecast the outcome,” he added.
Atiku and ObiThe situation is not helped by so many Nigerians expressing lack of confidence in the Chief Justice of Nigeria (CJN) Justice Kayode Ariwoola, who is also the head of the Supreme Court, a court that is likely to be the arbiter of the presidential election petition at the Supreme Court.
Not long ago, a pro-All Progressives Congress (APC) group on the aegis of Progressive Minds Forum (PMF), called for the resignation, suspension or sack of the Chief Justice of Nigeria, Justice Kayode Ariwoola, over alleged compromised judgements that recently emanated from the Supreme Court of Nigeria. The group lamented that the award of senatorial tickets to Senate President Ahmad Lawan and Senator Godswill Akpabio by the apex court was a great embarrassment to Nigeria because they did not partake in the primary election of the All Progressives Congress yet, the Supreme Court awarded them tickets.
Recently series of controversies erupted after media reports that the CJN had secretly left the country for the United Kingdom to meet with Tinubu to discuss the presidential election case. The Supreme Court confirmed that the Chief Justice of Nigeria, Olukayode Ariwoola, travelled to the United Kingdom for medical treatment but denied that he met with the President-elect, Bola Tinubu, in London.
All these show that the confidence of many Nigerians in the judiciary would be boosted by live broadcasting of the presidential election tribunal hearings. This will go a long way in making the judgements acceptable to the already skeptical public.
Live broadcast of election tribunal judgement is not new in Nigeria, but what the NBA and Nigerians need is live broadcast of the proceedings from the beginning to the end.
Recall that in 2008 the proceeding from the tribunal that sat on the case of General Muhammadu Buhari and the ANPP; Alhaji Atiku Abubakar and the Action Congress (AC) challenging the election of late President Umaru Musa Yar’Adua was televised live only on the judgement day to the public. Also, some states like Oyo, Ondo, Kogi and Edo states telecast the judgement live following the template set by the presidential election tribunal. However, what we are calling for in 2023 is for the presidential election petition proceedings to be broadcast live from day one. That is the only way to boost the confidence of Nigerians and the international community in the verdict of the court on presidential election petitions.
Like Falana noted, such live broadcasts have become the norm in Africa, including Ghana and Kenya among others. Let’s save our democracy and judiciary by supporting NBA’s call for live broadcast of presidential election petition proceedings.