2023: Non-Release of Funds Threatens Constitution of Election Tribunals, Says Dongban-mensem

* Malami: Judges welfare uppermost on Buhari’s agenda 

Alex Enumah in Abuja

The President of the Court of Appeal, Justice Monica Dongban-mensem, has warned that the non-release of funds to prosecute the 2023 General Election Petition Tribunals may “impede plans to constitute the various tribunals and courts” that would handle litigations that may likely arise from the conduct of the 2023 polls.

Justice Dongban-mensem, who revealed that the court has put all necessary machinary in place, including the review of the Judicial Electoral Manual, to ensure the smooth trial of election cases, lamented that the court was yet to receive the necessary funding in that regard.

She made the disclosure on Monday in Abuja at a ceremony to herald the appellate’s court 2022/2023 Legal Year.

While noting that election tribunals are an integral part of the electoral process in Nigeria, whose “function is pivotal to the just and timely resolution of election matters” that “must be done cautiously, conscientiously and diligently”, the appeal court president added that: “The funds to prosecute the 2023 General Election Petition Tribunals have still not been released.”

Barring any last minute changes, the 2023 general election would commence in February 25, next year with the conduct of the presidential and National Assembly elections.

By provisions of the law, any aggrieved contestant not satisfied with the process and outcome of the particular election he or she contested, has to file his or her petition at the tribunal for such case within 21 days from the date results of the particular election are announced. 

Dongban-mensem disclosed that in preparation for the 2023 polls, nominations of judicial officers to serve in the tribunals have been received from the heads of courts across the country, including nomination of staff who will man the registries of the tribunals.

“The Election Judicial Proceedings Practice Directions, 2022 have been reviewed and signed. It will serve as a guide to all stakeholders in providing an improved and efficient electoral adjudicatory process,” she said, adding that the usual dispute in each electoral circle has impelled the court to review the Judicial Electoral Manual in order to bring it in line with the Electoral Act, 2022.

She however appealed to the relevant authorities to ensure that the funds for running of the tribunals are released urgently because, “the existing tribunals have taken up a whole chunk of the very limited resources of the court”.

Meanwhile, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has reiterated that the improvement of the remuneration and conditions of service of judicial officers remains uppermost on the agenda of President Muhammadu Buhari. 

While recalling that one of the cardinal issues raised by the president of the Court of Appeal last year was the issue of the welfare of “our meticulous and committed judicial officers”, the AGF said, adding: “The government of the day is not oblivious of this persistent challenge.”

He said while the budget of the Judiciary declined from N95 billion in 2010 to N68 billion in 2014, there was an upward swing in 2015 from N73 billion to N120 billion in 2022 (being the highest in the history of the judiciary). 

He said the government also makes special budgetary provision to cater for special assignments associated with national elections. 

“The federal government under the leadership of President Buhari will not rest on its oars in its quest for increased funding for the judiciary,” he said. 

Malami commended the foresight of the President of the Court of Appeal in taking proactive steps towards an effective discharge of the onerous constitutional mandate over the outcome of elections.

Also speaking, the National President of the Nigerian Bar Association (NBA), Mr Yakubu Maikyau (SAN), who identified the disregard for the rule of law for all the ills plaguing the country, expressed worry that “none of the presidential candidates for the upcoming 2023 election…. spared any thought on the independence of the Judiciary”.

He stressed that for the government to recover and develop Nigeria, it must “deliberately invest in the welfare of judges and justices by strengthening the human capital within the justice sector and meeting all the infrastructural needs of the Judiciary”.

Maikyau also called on the federal government to revisit the 2018 Report of the Committee on the Review of Judicial Salaries and Conditions of Service, to bring same in tune with present day realities.